The role of emotions to promote as well as violate human rights (HR), the
impact of emotions on crimes in general and hate crimes in particular, emotions in
constitutional jurisprudence are some of the areas where emotions play an important
role. Conflict societies in general and Indian society in particular should understand
the nature, scope of psychology and its relevance in the study of law. HR of various
kinds are developed as metaphysical thinking and take the morals and ethics
emotionally influenced in their study. The gross violation of HR can be understood
in the light of different degrees of emotions and the measurement of compensation
to the victims in the administration of justice according to law. Thus emotions
cannot be excluded from the study of law and administration of civil and criminal
justice in general, and constitutional justice in particular. Conflict of interests
influenced by emotions can be balanced only when the impact of emotions on
conflicts are properly understood. Law as depsychologized command with emotion,
which may lead to a suggestion or request or order or an advice, can only serve to
achieve the desired goals.
Man's love for justice makes democracy possible, but man's inclination to
injustice makes democracy necessary. The basis of the democracy is rule of law
and will of the people. In view of the value of democracy, framers of the Indian
Constitution envisaged the democratic form of government in India. Any change in
the moral languages (rights and wrongs) will depend on social change. Social
change refers to variations in the social relationships or culture in a society. This is
natural phenomenon for societies being reflected in human factors such as
population explosion, urbanization, industry bureaucratization and modernization.
However, social change may be so incremental that the members of the society
either remain unaware of it or find it difficult to resist. They need social continuity
in order to bring about social change. The contemporary sociologists consider
institutions such as law, family and religion as engines that could provide continuity
but in fact these institutions themselves need continuities for change. Only the
cognitive morality with society can provide continuity for these institutions. There
should be continuity in the wisdom from conventional as well as contemporary
wisdom. Thus law gains its authority from social forces, and in order to have social
communities, law like family and religion is an important engine.