Constructivist Understanding of Interaction between Law and Morality in Identity Formation

Abstract

Positivism contends that knowledge is acquired through collection and processing of objective facts that must be further subjected to analysis. Verstehen tradition contends that understanding the intentionality of actors is very important in gaining knowledge in social sciences. Constructivism contends that Reality is shaped due to inter-subjective meaning attached to events by relevant actors and institutions. Constructivism adopts middle path between Individualism and Holism. Identity is given lot of importance in the Constructivist Approach. Morality refers to the basic principles and values that play great role in defining the permissible limits allowed to members of given society. It helps in self conception of a group and is a great stabilising force. Law refers to the regulation of activities supported by a strong sanctioning authority. Law often supports the notions of Morality, though there may be a variance between the two notions. Identity is subjected to flux and notions of morality change with impact of social, economic and technological forces. Law is also modified to ensure smooth change in basic norms governing an identity. The impact of Religious Fundamentalism is very important in orthodox societies as many religious leaders support old values and laws even in the context of tremendously changed time.