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SOCIOLOGICAL SCHOOL OF JURISPRUDENCE

Five Essential Characteristics of

Sociological School of

Jurisprudence



1. What is the element which is called law? 
2. What is the nature of the law? 
3. What makes law obligatory? 
4. What is the source of law? 
5. What are their philosophical views?

Sociological School: 

5. These jurists look on legal institutions functionally….. According to them form of law is a matter of means only. 
6. They consider that law which is adopted to the ends of the legal order. 
7. They see social purpose behind authority of law. 
8. They adhere to different philosophical view points. 
9. Law is “Social Engineering”.

Other Features: 

1. It discredits legal positivism of John Austin, and 
2. Historical pessimism of Savignybecause: These approaches have closed their eye to increasing gap between Law and Society.

So sociological method emerged -as a

reaction to barren legal positivism.

Contd… d) Emergence of sociological school came to be understood : -as an applied science -employing functional method of investigation -by analysis individual and social problems -on the basis of experience -derived from related social sciences e) It started with the idea (purpose) which is the central point of society and social relations to determine: -the nature -purpose, and -function of law

Contd…. 

So sociological method strive to study

law in terms of immediate need and requirements of := individuals  = other social groups 

These jurists look on law in the

functional sense:  i.e. -How the law works?  -What are its social consequences or effects in actual life?

SOCIOLOGICAL JURISPRUDENCE

and SOCIOLOGY OF LAW

SOCIOLOGICAL JURISPRUDENCE and SOCIOLOGY OF LAW 

Sociological Jurisprudence: Pound refers to this

study  as a -study of the peculiar characteristics of the legal  (^) order. i.e.:  -an aspect of jurisprudence proper  -as a branch of normative sciences  (^) -having the objective of making the law more  effective in action. 

Sociology of law: Pound refers to this study as

sociology proper

SOCIOLOGICAL JURISPRUDENCE and SOCIOLOGY OF LAW 

So for some sociologists the law appears

as the expression of a general consensus, as a cohesive, integrative force. Others see it as the expression of a fundamental struggle between groups and classes, whereby it becomes a weapon shielded by a dominant group anxious to maintain its privileged rule.  􀂆Law is a rule for harmonizing the various conflicting interests in a society.

Criticism

Criticism:  (^) 􀂆Law as a sociological tool, not as a source of power. Law is not given the emphasis and importance it deserves.  (^) 􀂆Sociological school, law should be made depending upon the need of the society. In case of conflicting interests, it is difficult to lay down the law. There is no yardstick for measuring interests to find if they are conflicting or if they should be balanced.  􀂆It gives rise to conflicting claims. This is because society is not a cohesive unit.