Sociological school of jurisprudence states that it is one of the most principle law of our age. Further, the law symbolizes one of the most important characteristic features of the present age society. It also lays critical emphasis on the fact that the working law is more admirable than its abstract content. In simple words, the jurists of this school strong stand for the principle that studying the law in action is better. Therefore, definitely considering it better than studying the law from textbooks.
Introducing Sociological School of Jurisprudence
As already stated above, sociological school of law focuses on studying the law in practice with relation to the society. They lay emphasis on actual social conditions and situations which require the help of the law.
Furthermore, these societal conditions give rise to legal institutions which often facilitate dispute resolving functions. This law also states and strongly believes that:
- the legal order is a stage and crucial phase of social control.
- this law remains unclear unless you analyze it with relation to a social phenomenon.
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- Schools of Jurisprudence – PIL
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- Purpose of Law – Justice
- Purpose of Law – Meaning and Kinds
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- Purpose of Law – Critical studies
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- Sources of Law – Legislation
- Sources of Law – Concept of Stare Decisis
- Sources of Law – Customs
- Sources of Law – Juristic Writings
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- Legal Rights – Rights kinds
- Legal Rights – Right duty Correlation
- Persons – Nature of Personality
- Status of Unborn, Minor, Lunatic drunk and dead person
- Corporate Personailty
- Persons – Dimensions of modern legal personality
- Legal personality of Non Human beings
- Kind of Possesions
- Kinds of Ownership
- Difference between Possesions and Ownership
The main purpose of the ideological aim of the sociological jurists are:
“To study the effects of law and societal strata on one another and how each of their degree of impact affects the other”.
Therefore, it is safe to consider sociological jurisprudence to be a practice that helps resolve the societal problem immediately. This process of resolving a dispute can be possible with either of the following approaches:
- legal techniques which promote societal harmony.
- extra-legal approaches that ensure the balance of societal interests.
Characteristics of Sociological School of Jurisprudence
The chief characteristics of Sociological Jurisprudence are as follows:
- The sociological jurists have greater concerns when it comes to the functioning and working of the law rather than the nature of the law.
- The jurists often consider law as a body of authoritative guides that help decision making. They are rarely seen as abstract content of authoritative directions.
- It considers law as a social and legal institution that can be created and modified consciously. In simple words, it synthesizes with both – the analytical method of legal practice and historical approach to the study of law.
- Sociological jurists focus strongly on the social purposes, goals and expectations rather than the sanctions and coercive nature of the law.
- Finally, sociological jurists look at legal doctrines and institutions before considering the most suitable method or means of satisfying the greater good.
Reasons for the Emergence of the Sociological School
Laissez-Faire is the most important reason for the creation of the sociological school of jurisprudence. It refers to the policy of minimum governmental interference when it comes to dealing with the economy, the society or the individuals.
It is due to the increasing importance of the practice of Laissez-Faire that this law rose to existence. However, due to the development and growth of laissez-faire, there seems to be a greater relevance and focus on individual growth. Therefore, the sociological school of jurisprudence emphasizes on individual betterment, rather than:
- state interest
- general interest
- welfare of the state
In other words, this school of law came out as an outcome, result or reaction of the laissez-faire. This law is here to help ensure strike a balance between – 1. individual interest and 2. general state welfare.
Further, to know more about the various sources of law, click here.
Solved Question on Sociological School
Who are some of the most important and prominent sociological jurists?
Sociological Jurists are those renowned intellectuals who play a vital role in formulating legal doctrines and theories. Some of the most eminent sociological jurists are as follows:
- Montesquieu (1689-1755)
- Eugen Ehrlich (1862-1922)
- Roscoe Pound (1870-1964)
- Leon Duguit (1859-1928)
