There are many laws that are made in India for giving justice to the people, but if these laws were only in the textbooks and people don’t know how to implement it, then those laws have no value. So the concept of sociological schools of jurisprudence is to make people understand that what are laws on how to connect society with those laws etc. There principles assumptions are that the law should be studied in action not only in books. Jurists want to study the effect of law in society on each other. They want to see that if the law can act as an instrument for the progress of society.
As we all know that law has a very significant role in making society better. So basically its main motive is to study law in relation to the society so that they can understand the actual situations of the society in which it requires the help of law. Similarly, these societal circumstances give a boost to legal organizations which often promote conflict resolution processes. This law also states and strongly believes that:
- The legal order is a stage and an important phase of social supervision.
- This law remains unclear unless you analyse it in relation to a social happening.
This ideology wants to resolve societal problems with safer methods. This process of resolving problems are possible only when these two conditions were fulfilled are:-
- Legal techniques which promote societal harmony.
- An extra-legal interest ensures the balance the societal interest.
Laissez-Faire is the most essential reason for the invention of the sociological school of jurisprudence. It relates to the policy of minimum governmental interference when it comes to handling the economy, the society or with the individuals.
It is due to the increasing significance of the process of Laissez-Faire that this law rose to existence. Though, due to the improvement and expansion of laissez-faire, there seems to be greater applicability and focus on individual growth. Therefore, the sociological school of jurisprudence gives prominence to individual development, rather than state interest, individual interest and welfare of the country.
A sociological strategy to the research of law towards the end of the 19th century did not occur in secrecy. It was a reaction against the legal and exposed approach of the logical jurists and the negative approach of the historical jurists. There was an alarming need to study law not in mere generalization, but in its logical and practical aspects. Further, on account of economic and social conflicts towards the beginning of the 20th century led to growing doubt in the perpetual laws of natural law which had ordered an idea of unity before the individual. These various approaches appeared as a clog in the way of legal reform, social change and economic justice. The theory of consecrated natural rights was now being deemed as an expression of unfashionable laissez-faire philosophy. This led the States to expand the dimension of their activities to such matters as health, insurance, education, old age security and other forms of social and economic aspects of welfare. Hence a new approach towards the study of law in association to its ends, objectives and purposes for ordering and governing to its ends relationship between individuals and groups of individuals emerge which is related as the sociological jurisprudence.
Among the leading writers who made an attempt to apply scientific methods to the social spectacle was Auguste Comte (1798 – 1851). He is known as the founder of sociology as a science. He laid stress upon experimental methods such as observation and experiment for the study of society. It is the task of sociology to give methods, tools and a basis for intentional and realistic judgment of social events that interact in society.
Bentham’s theory of utility, it means that the biggest good of the biggest number has to been used by the sociological jurist for legal reform, social progress and general welfare. It would be useful to expand upon the tributes made by important jurists towards the growth and development of the Sociological School of Jurisprudence.
There is much other philosophy in sociological school to provide a better view to improve and to develop the society.
- There are logical explanations for all the purposes of society.
- The concepts in sociology are interrelated with each other.
- It is a set of well-defined concepts.
- A sociological theory is subjected to verification through well-organized methods and techniques.
- A theory is a scientific and systematic symbolic construction.
- A theory is a form of work to collect, systematize and interrelated facts.
- Sociological jurists are interested more with the working of law rather than with the nature of law. They viewed the law as a body of definitive guides to decision and of the judicial and executive processes rather than abstract content of definitive principles.
- It considers law as a social institution that can be purposely made and also changed, amended or retained on the basis of experience. In other words, it synthesizes both the analytical and historical approaches to the study of law.
- Sociological Jurists lay emphasis upon social purposes and social goals and expectations which are the law subseries rather upon sanctions and coercive character of law.
- Sociological jurists look on legal organizations, doctrines and precepts functionally and evaluate the form of legal precepts as a matter of means only to satisfy the greatest good of the greatest number.
Theory plays a vital role in the digging and solution of various social problems. It is accountable to generate rich and meaningful assumptions. It is a source and method for sociological inquiry. It ascertains a link between specific practical findings and general sociological direction. It guides a researcher and narrows down the range of facts. More and more investigation is due to sociological theory. It formulates research design and is a tool of inquiry. It fills the gaps in our knowledge. It supports the laws to establish. It indicates facts and a theoretical system provides a safe ground for prediction.
From the above discussion, it is clear that sociological schools have a motive to reach the problems of the society in which they need the help of law. They want to make each and every people be aware of the laws to protect their selves. If laws were not implemented in a practical way and only take place in the books then those laws have no value because no one can use those laws to prevent and to solve the problems of society. This view has a great effect on modern legal thinking. But it should not be taken to mean that other techniques have completely discontinued existing, still, there are advocates of natural law though, with a ‘variable content’, there are Catholic jurists who ask for maintaining a close relationship between law and morals, but these strategies are in many respects, basically different from earlier strategies of this type on the subject and are impacted by sociological approach.
Q1. What are the sociological schools?
The idea of sociological school is to develop a relationship between the law and society. This school laid more emphasises on the legal perspective of every problem and every change that takes place in society. Law is a school phenomenon and law has a direct and indirect relation with society.
Q2. Who is the father of sociological schools?
Auguste comes is considered as the father of sociological schools. He is considered as most fruitful to apply the scientific method to sociology despite the inherent difficulty. He compartmentalized sociology into two parts that are social statics and social dynamics all-dominating from his description of sociology as the science of social orders and process.
Q3. How sociology and laws are related?
Society is related to sociology and in this matter, every society follows certain laws. So laws are an essential part of society. It regulates the discipline of society. Sociology helps law to better understand the society for the development of society.
Q4. What is the importance of sociology in education?
Since human relationships are very complex, the sociology of education helps to be aware of certain outcomes of the group behaviour and to understand that attitude, values and beliefs of those around them hence enhancing effective teaching and learning process.
Q5. What are the laws in sociology?
The sociology of law refers to the sociological study of law and law-related subject and on another hand, the law is typically conceived as a whole of legal norms in society and as well as the practices and institutions that are associated with those norms.
These are some of the questions which are raised by many people for the concept of sociological schools of jurisprudence or how laws are related to it.