Importance Of Sociological Jurisprudence

855 Words 4 Pages
INTRODUCTION
Sociological jurisprudence encompasses all the aspects of the interactions between law and society. There are innumerable connections between law and society: every branch of human learning, from physics, chemistry and medicine to philosophy, religion and psychology, produces knowledge about law and society. Sociology borrows from all these fields and sociological jurisprudence borrows form sociology. Of all the branches of learning, social sciences had the most influence, which was almost comparable to that of religions influence in the earlier periods. This understanding of law from the perspective of society, i.e.; the sociological tradition in law, which commenced in Germany and France, was the characteristic feature of the 20th century.
…show more content…
Focus is cast on the ends sought to be achieved by the law rather than on the forms that law takes to achieve such ends. Analytical School takes statutes and legislations as forms of law, the historical school accords that status to customs, Sociological school on the other hand states that law need not be reduced down either of those, it can be both or it can take any other form necessary to serve the needs of the society at a particular time and place. From the above characteristics of Sociological school it can be seen that it focuses on the functional role of law and its effect on society. Therefore, it is also known as the functional school of jurisprudence.
5. The final characteristics of sociological school as stated by Pound is that there are diverse views among the sociological jurists. The various views adopted by the jurists are:
(i) Mechanical View: Where law is considered as the product of the mechanism of social forces.
(ii) Ethnological View: Sociological Jurists generalize information gathered from descriptive social sciences.
(iii) Anthropological View: Here generalizations are gathered from social institutions of primitive societies.
(iv) Mere gathering of data without any

Related Documents