LAW 302 Jurisprudence
Course Instructor: Dr. Nabaat Tasnima Mahbub
Sociological School
•The sociological school of jurisprudence suggests that
law is
•a social phenomenon reflecting human needs,
•functioning as an organized system, and
•embodying within its fundamental principles and
substantive rules of a society’s basic values.
•Society is developed according to certain principles.
•Ehrlich, Jhering, Duguit and Roscoe Pound are the
notable jurists who developed the Sociological School.
Sociological School - Jhering
•Law is the result of constant struggle or conflict with a
view to attain peace and order.
•Law is the guarantee of the conditions of life of the
society, assured by the State.
• He believed that the essence of law is to serve social
purpose.
•Law protects the interests of individuals and society by
balancing and coordinating interests.
Sociological School - Jhering
•Interests need to be studied if the purposes of the law
are to be understood:
•The law should attempt to achieve an equilibrium of
individual and social principles and purposes.
•An effective law reflect social purpose and contribute
to a partnership of individuals within society.
•Criticism – In what direction the conflicts of interests is
to be reconciled?
Sociological School - Duguit
• Did not agree with traditional concepts of State, Sovereignty and
Law.
• He believed that the most important fact about society is the
interdependence of men.
• He introduced the principle of ‘social solidarity’ which means
that all organizations should act towards smoother and fuller
cooperation between people.
• Criticism – Social solidarity is a vague expression.
Sociological School - Ehrlich
• Law of a community is to be found in society and not in formal sources of
law. The essential body of legal rules is always based upon social facts and
values.
“…the centre of gravity of legal development lies not in legislation, nor in
juristic science, nor in judicial decision, but in society itself”.
• Ehrlich differentiated ‘norms for decision’ (formal laws) from ‘norms of
conduct’ (self-generating social rules). The norms of conduct constitute
the ‘living law’, which reflects the true values of society.
• A vital task for legislators, judges and jurists is to discover the ‘living law’;
this involves studying much extra-legal data when investigating a legal
problem.
• Criticism – Made no distinction between legal and social norm.
Sociological School – Roscoe Pound
• Roscoe Pound defined law as containing the
• “rules, principles, conceptions and standards of conduct and decision…”.
• Pound conceived law as “social engineering” whose main task is to
accelerate the process of social order by making all efforts to avoid
conflicts of interest of individuals in the society.
• Pound defined an interest as:
“a demand or desire or expectation which human beings either
individually or in groups or associations or relations, seek to satisfy, of which,
……..a politically organized society must take account”.
Sociological School – Roscoe Pound
• A principal task for legislators, judges and jurists is the balancing
of individual, public and social interests.
• Individual interests comprise domestic relations, interests of
property etc.
• Public interests comprise interests of the State.
• Social interests comprise general security, security of social
institutions, general morals etc.
Sociological School – Roscoe Pound
•Balancing of interests involves
a process of reconciliation, harmonization and
compromise between the inrerests with the
object of eliminating friction.
Sociological School – Roscoe Pound
• The recognition of new interests involves their being tested by reference to
the ‘jural postulates’ of a civilized society.
• Such postulates are:
• that citizens will commit no intentional aggression against one another;
• that citizens may control for beneficial purposes what they have
discovered, created and acquired;
• that promises will be carried out in good faith and unjust enrichment
prevented;
• that due care must be exercised so as not to create unreasonable risks of
injury;
• that a ‘standard human life’ shall be assured to every citizen.
Sociological School – Roscoe Pound
•Criticism – Classification of interests not helpful.
