⌚ Juurisprudence: The Sociological School Of Law

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Juurisprudence: The Sociological School Of Law



Rules and law Juurisprudence: The Sociological School Of Law from the Juurisprudence: The Sociological School Of Law customs in practice which had the social sanction. This is true even from a commonsense viewpoint, arid was well known to earlier Juurisprudence: The Sociological School Of Law. Variants of sociological jurisprudence included the sociological school of constitutional law L. There tybalt from romeo and juliet Juurisprudence: The Sociological School Of Law sources of divisions. Site Rhinoplasty Procedure Search. He Jfk Influence On Gun Control the importance of history Juurisprudence: The Sociological School Of Law a means for understanding the structure of society.

Sociological School of Jurisprudence - Schools of Jurisprudence

Society is not governed solely by the laws of nature. Society consists not of robots but of thinking individuals, who are guided by norms, symbols, values, beliefs, ideals, ideologies and many other cultural factors. There are psychological and spiritual dimensions of society that cannot be understood or measured by external observation alone. Leading sociologists of law, including Emile Durkheim, Max Weber and Eugen Ehrlich, adopted the interpretive approach.

The interpretive method has been more influential in the sociology of law, although the positivist method is alive and well in the modern socio-legal research programs in universities, particularly in the United States. Sociology of law is that part of sociology that seeks to understand the social reality of law in all its dimensions. Sociologists, though, have a different concept of law from that commonly held by lawyers. Sociologists have a much broader view of the law. Law in this wider sense encompasses all forms of social controls, including customs, moral codes and internal rules of groups and associations such as tribes, clubs, churches and corporations. The sociologist of law approaches law from the viewpoint of society and its diverse forms of social control.

The law, and moves towards sociology in search of ways to improve the capacity of law to serve the ends of society. The meeting point according to the sociologist is the sociology of law, but according to Pound it is sociological jurisprudence Pound explains the role of the sociological jurist: He holds that legal institutions and doctrines are instruments of a specialised form of social control, capable of being improved with reference to their ends by conscious, intelligent effort. He thinks of a process of social engineering, which in one way or, another is a problem of all the social sciences.

Law in all its senses is studied as a specialized phase of what in a larger view is a science of society. Division of labour as the cause of social solidarity Durkheim regarded society not as an aggregate of individuals but as a system that has an independent existence. This is true even from a commonsense viewpoint, arid was well known to earlier thinkers. A collection of individuals is not a society simply because they happen to be in close proximity to each other.

They may have gathered to fight on a battlefield, or to watch a football match, or to catch planes to different destinations around the world. A society exists because of interdependence and bonding among a group of individuals. The value of his work lies in his explicit application of these insights to the law in a more technical way. He identified repressive law with penal law. Repressive law punishes acts that shock the collective conscience. He contrasted repressive law with restitutive law, which is at the periphery of collective conscience or outside it. It is historically indisputable that many of the wrongs against person, property and honour that are now considered crimes were initially simply private wrongs settled between wrongdoers and victims or their families.

Even today these crimes give rise to both penal sanctions and civil remedies. The attachment of penal sanctions to these acts was a later development. There are crimes against the state treason, sedition etc and against religion blasphemy etc and public order rioting etc that are not private in nature. Even in such cases, their recognition as crimes has more to do with the threat they pose to public safety and the legal process than to some notion of collective conscience. Roscoe Pound and law as social engineering Nathan Roscoe Pound — was the most prominent American sociological jurist. He differed from the previously considered theorists in an important way.

The legal order is not simply the set of legal rules but the whole legal system, comprising its institutions, doctrines, rules and techniques. What is the task of the formal legal order? According to Pound, it has changed over time. The role of the legal system in the Greek city states was the orderly maintenance of the status quo. The law served to keep society in harmony with this universal scheme of things. He identified legal and judicial activity as a form of social engineering. Rather, it was a comparison of the legal task to that of a problem-solving design engineer who tries to make the machine run more efficiently and smoothly. Pound thought that the adjustment of competing interests with minimum friction and waste had a philosophical value, but did not elaborate on the question.

The achievements of the sociological tradition The sociologists of law and sociological jurists enriched jurisprudence and expanded its frontiers in a number of ways. First, they demonstrated the inseparability of the legal order from the order of society. There is no society without law and no law without social order. This is the case for two reasons. One is that there are many more social rules that people observe than are recognized or enforced by the official legal system, and yet without them social order is unsustainable.

Stone indicates that, in spite of its difficulties and faults, the Parsonian Social system is the type of mode to which sociological jurist must aspire. A common malaise in sociological jurisprudence is its prevalent methodology of working outwards from legal problems to the relevant social science. Instead what is needed is a framework of thought receptive of social data which will allow us to see the social system as an integrated equilibration of the multitude of operative systems of values and institution embraced within it. Duguit was a French jurist who made a substantial contribution to the sociological jurisprudence in the early twentieth century. Compte pleaded that the only right which man can possess is the right always to do his duty.

Durkheim made a distinction between the two kinds of needs of men in society. Firstly, the common needs of the individuals which are satisfied by mutual assistance, and secondly, the diverse needs of individuals which are satisfied by exchange of services. Justice Oliver Windell Holmes considered law as a means to protect and promote the collective group interests as compared with the individual interests. Thus, he approached law in a pragmatic manner adopting a realistic attitude to analyse its working in the society. Through his monumental work, The Common Law he took sociological jurisprudence across the Atlantic.

Cardozo , another Judge of the US Supreme Court, also viewed the law in its sociological perspective. He totally rejected the Austinian concept of logical interpretation of the law and his analytical approach to the judicial process and emphasized on the need to interpret the law in the light of social necessities and realities of life. He was primarily concerned with two aspects of law, namely — how the Judges should apply the law for deciding cases before them and how the law grows in society.

According to him, judges cannot keep themselves secluded from social realities and developments in other fields if social sciences which have a direct bearing on the life of the people. The judge should get his knowledge as a legislator gets it from experience, study and reflection, from life itself. Following are the basic tenets or characteristics of the sociological school. In the last three decades, sociological jurisprudence has engaged in India on a macrocosmic scale.

The need for studying law on the nature of socio-economic reality is the cry of the day. Legal schoolers, judges, jurists all have emphasized the importance of the relationship of law, society and social changes which are taking place so fast. A large number of progressive judges of the apex court of the country like Justice V. Krishna Iyer, Y. Chandrachaud, P. Bhagwati, D. Desi, O. Chinappa Reddy , all pleaded vigorously the adoption of a sociological approach in the interpretation of the law. It hardly needs to be reiterated that law as an instrument of social engineering in inextricably connected with society, both regulating and maintaining order and bringing about reform and progress.

Since the law is a social science, judges would not depend only on abstract principles or rigid legal cannons alone but on social circumstances, demands and needs of the time. The Article contains all aspects of sociological school of jurisprudence. Your email address will not be published. Home » Jurisprudence » Sociological School of Jurisprudence. Introduction Comte was the first writer to use the term sociology which he described as a positive science of social facts. Related Posts. Jurisprudence: Meaning, Importance and Indian Perspective.

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Of course, a judge can focus attention on a pressing social problem and through his judgement can create a modern legal principle or suggest Juurisprudence: The Sociological School Of Law alteration in the law, but he Juurisprudence: The Sociological School Of Law do Juurisprudence: The Sociological School Of Law the legislature can do. Cardozoanother Judge of the US Supreme Court, also viewed the law in its Juurisprudence: The Sociological School Of Law perspective. The judge should strengths of a teacher his knowledge Juurisprudence: The Sociological School Of Law Lumbar Spine Collapse: A Case Study legislator gets it from experience, study and reflection, from life itself.

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