Sociological School of Jurisprudence

Sociological School of Jurisprudence

  • Sociological jurisprudence is usually described as functional jurisprudence or jurisprudence of interests or jurisprudence of social engineering or experimental jurisprudence.
  • The main concern of the sociological school of jurisprudence is social interest.
  • According to this school, the law is an instrument of social progress.
  • Sociological school of jurisprudence emphasizes the study of the effect of law and society on each other.
  • The leading exponents of this school were:
  1. Auguste Compte
  2. Leon Duguit
  3. Sharing
  4. Elrich
  5. Roscoe Pound

AUGUSTE COMTE [1786-1857]:

  • French philosopher
  • Father of sociological school of jurisprudence.
  • He termed the study of society as scientific positivism because according to him, an organization can progress according to the principles formulated based on observation and experiment.

Roscoe Pound [1870-1964]:

  • Father of American sociological jurisprudence.
  • Major works:
  • Spirit of the common law (1921)An introduction to the philosophy of law (1922).Interpretation of legal history(1923).
  • The contribution of Roscoe Pound to the sociological jurisprudence may be studied under the following heads:

The functional aspect of the law :

  • Roscoe Pound stated that the function of law is to settle the conflicting interests of individuals in the community and harmonize their interrelations. He termed this as ‘Social – engineering’.

Theory of social engineering:

  • Social engineering means to speed up the process of social order by making all possible efforts to avoid conflict of interests of individuals in society.
  • He categorized various interests.

Jural postulates of Roscoue Pound:

  • Jural means legal and postulates means assumptions.
  • There are basic assumption for proper order and balance of society.
  • These assumption are implied and not expressed from are called as jural postulates.
  • Pound mentioned five jural postulates:
  • No intentional aggression
  • Benificial purpose
  • Act in good faith.
  • Act with due care
  • Strict liability
  • Criticism :
  • Criticism on the term engineering which equates society to a factory like mechanism .
  • Division of interest is not proper.
  • LEON DUGUIT(1859-1928):
  • French philosopher
  • Propounded the theory of social solidarity
  • Duguit theory is also based on the theory of Durkheim ‘Division of labour in society’

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