SOCIOLOGICAL SCHOOL OF JURISPRUDENCE

The study of society, human behaviour, and social change is known as sociology. Jurisprudence, on the other hand, is the study of law and the legal aspects of things. The Sociological School of Jurisprudence believes that law and society are inextricably linked. The law, according to this school, is a social phenomenon because it has such a large impact on society. As a result of the synthesis of numerous juristic ideas, the sociological school of jurisprudence has evolved. This school’s proponents viewed law as a social phenomena. They’re mostly interested in how law interacts with other modern social institutions. They highlight that rather than focusing on people and their rights, jurists should concentrate on the societal objectives and interests that law serves.

According to the school, the primary function of law should be to express the common interaction of men in social organisations, whether in the past, present, or future. The importance of balancing the welfare of the state with the welfare of the individual was realised by the Sociological School of Jurisprudence. The sociological school’s conception of law is a continuation of the Historical School’s ongoing investigation into the origins of law. This sociological school’s perspective is in line with legal understanding of society: what it is doing, what it has done, and what it is expected to do. The sociological school continues the historical school’s mission, rejecting positivists’ formal and logical conception of law on the grounds that formal law simply gives an image of the law.

The main reason for the emergence of sociological school of jurisprudence was ”laissez- faire”. The term “laissez-faire” refers to the government’s full freedom granted to citizens. It is a government policy that the government and the law will not intervene in people’s economic affairs. The only responsibility of government and law in a laissez-faire economy is to prevent conflict and coercion against people, such as theft and fraud. The sociological approach to jurisprudence, which arose from a shift in political doctrine from laissez-faire to the industrial and technological revolutions, and finally the historical school, which focused on the relationship between the law and the modern welfare state, has attempted to study law as a search for its social origins and to judge law with utilitarianism. Because of Laissez-Faire, everyone prioritises their own interests over the common good, the state’s interest, and the welfare of the state. The sociological school arose as a reaction to laissez-faire because it promotes a balance between the state’s welfare and individual interests.

There were many jurists that had made contributions to the sociological school of jurisprudence but the most prominent and highlighting was the contribution of Roscoe Pound with his theory of social engineering. According to Pound, “Law is social engineering which means a balance between the competing interests in society,” in which applied science is used for resolving individual and social problems. The use of law to balance the opposing interests of individuals and the state is known as social engineering. Law is a body of knowledge that is used to carry out a substantial part of social engineering. Law is utilised in society to resolve conflicts of interest and difficulties.
He stated that everyone has their own personal interests, which he considers to be more important than all others. The law’s goal is to strike a balance between the public’s and private interests. To avoid overlapping pound mentioned different types of interests- Individual interest to begin with stated that everyone has their own personal interests, which he considers to be more important than all others. The law’s goal is to strike a balance between the public’s and private interests. The next are the public interests , which are the are the claims or wishes made by an individual in political life, implying that every individual in a community has a responsibility to one another and to make use of things that are available for public use. State preservation is a source of pride for many people. The last is the social interest , These are the claims or demands made in terms of social life, which imply that all of society’s requirements must be met in order for it to function and be maintained properly. Interest in maintaining general peace, health, transaction security, and social institutions such as religion, politics, and economics.

To sum up , The relationship between and society is studied by the Sociological School of Jurisprudence. It explains how law and society are intertwined. Without looking at and researching the needs and structure of society, it is impossible to design better and more effective legislation. We need better and more effective laws for a more harmonious society.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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