Sociological School of jurisprudence6 min read

BY- RAGHAV

Introduction:

The sociological jurisprudence school says it is one of our age’s most basic laws. Moreover, the law symbolizes one of the most important features of society today. It also emphasizes critically that the working law is better than its abstract content. In short, the lawyers of this school strongly support the principle that it is better to study the law.

Earlier, laws and rules stem from the only custom governing society that had only a social punishment. The king’s and priest’s supremacy then arrived. Then the equilibrium between individual interest and social well-being was achieved after the revolution and changes. Society is the main topic of sociology. The study of society, human behavior, and social changes is sociology. The study of law and the legal aspects of things is also jurisprudence. The School of Sociology of Law promotes a relationship between law and society. This school argues that law is a social phenomenon, as it has a great social impact.

Meaning of sociological school of jurisprudence:

A relationship between law and society is the idea of the sociological school. This school emphasized the legal perspective of all problems and changes in society. Law is a social phenomenon and law is directly or indirectly connected with society. The School of Sociology of Law focuses on the balance between the welfare of the State and the individual.

In Ehrlich’s words, “The center of gravity of legal development is currently and always not in law or in a jurisdictional decision, but in society itself.” The School of Sociology of Law studies the relationship between law and sociology. There are two different aspects to every problem or concept. One is sociological, the other is legal. Sati for instance is an example of that.

Due to the vast period, it developed and the wide range of subjects it had its influence, there is no common consent that can be identified as the central focus of the sociological legal school. The basic ideology on which it is based, however, is the way in which legislation transforms society, its impact on society as a whole, and its symbiotics.

Reason for the emergence of Sociological School of Jurisprudence:

Laissez-Faire :

Laissez-Faire is the government’s unrestricted freedom. It’s a government policy that doesn’t interfere with the economics of people by government and law. The only role of government and law in the Laissez-Faire economy is to prevent and force people like robbery, fraud, etc. The sociological approach to jurisprudence which led to the change in the policy from the laissez-faire doctrine to the industrial and technological revolution and ultimately the historical school that focused on relations between the rule of law and the social welfare state of the contemporary century sought to study law as a social origin for law and the legal institutions; As a result of laissez-faire, the individual interest is more significant for all people and the state interest or general interest and the welfare of the state are ignored. As a reaction to laissez-faire, the sociological school promoted the balance between the welfare of the government and the interest of the individual.

Jurist of the Sociological School of Jurisprudence:

Montesquieu (1689-1755):

Montesquieu was the French philosopher and paved the way for the School of Sociology of Legal Affairs. He considered it to be the social condition of society that somehow influences the legal process. The importance of history as a means to understand the structure of society was also recognized. And explained the importance of studying societal history before the law for that society was formulated. His book ‘The Spirit of Laws’ states that, in accordance with the climate of each country or of each individual soul, with the position of each individual soul, the principal occupations of the natives, husbandmen, huntsmen, or shepherd, they should relate to the degree of freedom that the constitution is supposed to bear; The Law should be defined according to the characteristics of each nation.

Eugen Ehrlich (1862-1922):

The founder of Sociology of Law was Eugen Ehrlich. The study of law from the sociological point of view is the sociology of law. Ehrlich saw society as a principal legal source. And it means “men’s association” by society. Ehrlich wrote that “the center of seriousness for all legal developments is not laws or judgments but society itself.” He argued that society is the principal source of law and better than law or judicial decision.

Roscoe Pound (1870-1964):

Pound was a legal scholar from American countries. He believes that it needs to be examined in law, not in the book itself.

Social Engineering Theory:

Roscoe Pound gives the Social Engineering Theory where lawyers are compared to engineers. Engineers must use their technical skills to produce new products. In the same way, social engineers must develop a structure that offers maximum happiness and minimum friction in society. The balancing of conflicting individual and state interests through the use of the law is Social Engineering. Law, with the assistance of the law, is a body of knowledge that mainly carries on social engineering. Legislation is used to solve conflicting social interests and problems.

Leon Duguit (1859-1928):

Leon Duguit was a French lawyer and a leading lawyer (Public Law). Auguste Comte and Durkheim influenced him greatly. He gave the theory of social solidarity, which explains the need and existence of social cooperation between people.

Social solidarity:

The feeling of unity is social solidarity. The term ‘social solidarity is the strength, uniformity, collective awareness and viability of society.’ The Social Solidarity of Leon Duguit explains the interdependencies between men and others. Without the dependence of other men, no one can survive. Therefore, for human existence, social interdependence and cooperation are very important.

Conclusion:

The School of Sociology of jurisprudence studies the relationship between society and the law. It explains how the law and society interdependent. Better and effective laws cannot be formulated without studying and looking at the needs and structure of society. We need better and effective laws to improve and harmonize our society.

However divergent the theories proposed by all these jurists may be, their approach to study law in relation to society remains a common one at this point. It is more about the working of the law and less about the abstract content. This view has a huge impact on modern legal systems worldwide. This does not necessarily mean, however, that other schools have no influence on the laws of today. Catholic jurists, for example, advocate synchronization of law with morality. Modern law is a combination of all schools’ thoughts. Thus, without applying the methods of all, it is impossible to study the law as a whole.

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