INTRODUCTION

Sociological ApproachNature and Meaning

Sociological approach towards study of law was a reaction and revolt against the analytical
and historical schools both of which regarded law as self-justified and self-contained system
the former deriving validity of law from the sovereign the law giver and the latter from the
slow and silently flowing historical and cultural processes and forces.
The sociological approach considers law as a social fact or reality to shape, mould and
change society to sub serve its needs, expectations and goals through law. The
interrelationship between law and society and the study of community and of social
phenomena, of group or individual interests and their realization and fulfillment through law
is the paramount concern of law .
The other Schools have been more concerned with the nature of law and its source rather than
its actual working, functioning and social ends which law strives to sub serve. All the jurists
who define law in relation to society in terms of ends which law strives to subserve and the,
interests which the law satisfied and the common good which the law seek to achieve
thereby make law as an instrument of social control and social change are grouped together
as jurists belonging to sociological School of Jurisprudence.

CHAPTER 1
The chief characteristics of sociological school of jurisprudence1
1. Sociological jurists are concerned more with the working of the law rather than with
the nature of law. They regard law as a body of authoritative guides to decision and of
the judicial and administrative processes rather than abstract content of authoritative
precepts.
2. It considers law' as a social institution which can be consciously made and also
changed, modified or retained on the basis of experience. In other words, it
synthesizes both the analytical and historical approach to the study of law.
3. Sociological jurists lay emphasis upon social purposes andsocial goals and
expectations which the law subserves rather upon sanctions'and coercive character of
law.
4. Sociological jurists look on legal institutions, doctrines and precepts functionally and
consider the form of legal precepts as a matter of means only to satisfy greatest good
of the greatest number.

Chapter 2
1

See Pound, Jurisprudence Part I and II292 (1959).

Background
Sociological approach to the study of law towards the end of the nineteenth century did not
emerge in isolation. It was a reaction against the formal and barren approach of the analytical
jurists and the pessimistic approach of the historical jurists. There was a dire need to study
law not in mere abstraction, but in its functional and practical aspects. Further, on account of
economic and social conflicts towards the beginning of twentieth century led to growing
disbelief in the eternal principles of natural law which had hitherto placed an ideal of
harmony before the individual. These various approaches appeared as a clog in the way of
legal reform, social change and economic justice. The theory of inalienable natural rights was
now being considered as an expression of outmoded 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 relation to its ends, purposes and functions for
ordering and regulating relationship between individuals and groups of individuals emerged
which is described as the sociological jurisprudence.
Among the foremost writers who made an attempt to apply scientific methods to social
phenomena-was Auguste Comte (1798- 1851). He is known as the founder of sociology as a
science. He laid stress upon empirical methods such as observation and experiment for the
study of society. It,is the task of sociology to provide methods, tools and a basis for a
purposeful and realistic appraisal of social phenomena which interact in society. Darwin,
Herbert Spencer and Bentham in a way directly or indirectly applied law to man in society.
Particularly Bentham's theory of utility, i.e., the greatest good of the greatest number has been
utilized by the sociological jurists for legal reform, social progress and general welfare. It
would be useful to dilate upon the contributions made by important jurists towards the growth
and development of the Sociological School of Jurisprudence.

Chapter 3 SOCIOLOGICAL SCHOOL JURIST

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Ihering1818-1892
Rudolf Von Ihering is one of the greatest German jurists who has been described2 as 'the
father of modern sociological jurisprudence'. He rejected the analytical and historical
jurisprudence as 'jurisprudence of concepts'.
Social Interest Theory
In his work Law as a Means to, Ihering came to the conclusion that the dominant motivation
in the exercise of human will is notion of purpose. This he calls the law of purpose.
According to Ihering human will is primarily directed towards furtherance of individuals
purposes. In realization of individual purposes there is bound to be a conflict between social
interest and each individual's selfish interests. He, therefore, tries to reconcile the individual
interest with that of society. So law is only an instrument for serving the needs of societyits
purposes and interests.
The State, therefore, must apply methods which promote such social interests which are
inherent in every individual. To reconcile the conflicting interests of society vis-a-vis
individual, state employs the methods of reward by enabling economic wants to be satisfied
and also the methods of coercion. For instance, economic wants of man must be satisfied.
Therefore, society in larger interest puts such social controls which may reduce he quantum
of profits. This can be done both by means of reward or by coercion which is called law. Law
is a coercion organized in a set form by the State. The success of legal process is to achieve a
proper balance between social and individual interests.
Leon Duguit 1859-1928 : Law as a Social Fact
The French jurist Leon Duguit carried forward the belief that scientific progress can be
accelerated by individual behaviour in order to satisfy common social needs and interests.
Like Ihering, Duguit also rejected the prevailing notion of State, Sovereignty, law as a
command or as an exercise of free human will and the theory of natural right of man as
subjective and unreal concepts based on fictions or hypotheses. According to him the basis of
law is the fact of social and natural interdependence of individuals and.groups upon each
other. As such law is based and dependent on certain social facts A r eality which impels men
who have common needs, who have different capacities and talents to subserve each other by
common exchange of services.
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Social Solidarity
Duguit puts forth in definite and clear terms that law arises of the facts of social existence.
Therefore, if man wishes to live and act in society he must act in conformity with the social
law of solidarity. Solidarity is not a rule of conduct, it is a factthe fundamental fact of all
human society. In other words solidarity is neither a charity nor fraternity. These are moral
duties. It is a fact. It means that in fact men are 'solidary' with one another, that is, they
have common needs which they can only satisfy in common, that they have different
capabilities and different needs which they can satisfy by exchange of needs and division of
labour. This solidarity or mutual interdependence is the product of social reality of social
life. As such it is the duty of one and all to conform his conduct according to the fact of social
solidarity. It is a coincidence of purposes and factsthe unhappiness of one affects all, the
happiness of one profits all. He says 2 'Man must so act that he does nothing which may injure
social solidarity upon which he depends, and more positively, he must do all which naturally
tends to promote social solidarity'
Theory of justice
The foundation of law is the fact of social solidarity which seeks to achieve maximum good
to all. This in essence is a theory of justice which should be enforced in the interest of the
community. Thus State regulation of social and economic life of the individuals for the
common welfare is an instance of social and economic justice which the law must cater if
cooperation is to be promoted and social tension and conflicts are to be lessened. The
sentiment of justice is a social reality like the fact of social solidarity, justice, therefore, does
not depend on will of the Sovereign but is the basis of social life and law. Duguit by insisting
law as a product of social life made an important contribution to the development of
sociological jurisprudence.
Roscoe Pound 1870-1964
Dean Roscoe Pound is one of the greatest American jurists who is styled as the father of
modern American Sociological Jurisprudence. His Readings on the History and System of the
Common Law, the Spirits of Common Law, Law and Morals, Interpretation of Legal History
etc.
The need of purpose oriented definition of law by Pound is obvious. Pound was the child of
his times. During his era in the twentieth century American society was expanding
2 Quoted by dias and huhges,jurisprudence 415(1957)
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commercially and materially. There was an endless wealth due to scientific, technological
innovations and mlimited material resources. The basic problem, therefore, was how to
control and distribute the wealth so produced. This could be resolved by applying social
sciences to the problems of man in. society. Hence, law became an instrument of social
control for satisfying the just claims, interests and desires of the individuals.
For the sake of convenience and clarity Pound's theory of Sociological Jurisprudence can be
studied in the following way:
(1) Law and Society:
Pound too regarded law as a social reality an objective fact with society as its basis. It,
therefore, is based on practical data, factual information and statistics which is applied to find
out and resolve social problems in a pragmatic and functional way.
(2) Law and Social Interests :
According to Pound law is not concerned with abstract concepts like rights and duties. It is
neither an assertion of individual rights nor fulfillment of individual duties. It is rather
concerned with satisfaction of individual or social needs, wants, claims and interests.
Pound classifies the various interests:
a) Individual interests : These are claims, demands or desires from the point of view of each
individual as such. These are concerned with:
(1) Personality : Such interests are concerned with (a) the physical person, (b) freedom of
will, (c) honour and reputation, (d) privacy and (e) belief and opinion.
(2) Domestic relations ; They are concerned with interests of individual in domestic
relationship and that of society in such institutions as family, marriage, divorce.
(3) Interest of substance| These include interests of property, freedom of industry and
contract, freedom of association, etc.
(b) Public interests : These are claims or demands or desires asserted by individuals from
the point of view of political life. These are two in number:
(1) Interests of State as a juristic person. They include (a) the integrity, freedom action and
honour of State's personality (b) claims of politically organised society as a cooperation to
property acquired and held for corporate purposes.
(2) Interests of State as guardian of social interests.

(c) Social interests : Social interests are claims or demands or desires involved in social life in
civilized society and asserted its title of that life. It is not uncommon to treat them as the
claims of the whole social group as such. Pound classified the social interests
into six groups:
(1) Social interest in general security : These include safety from aggression both internally
and externally ; general health, peace and order ; security of transactions and security of
acquisitions protection of property.
(2) Social interest in the security of social interests : These include domestic relations,
religious institutions, political institutions and economic institutions.
(3) Social interest in general morals : It is concerned with protection of the moral
sentiments of the community. It covers such laws concerning prostitution, drunkenness,
gambling, begging, obscene literature, etc.
(4) Social interest in conservation of social resources : For instance, these may include
physical resources like utilization and conservation of forests, oil, water and other resources .
It also includes protection of human resources such as protection of infants, lunatics, idiots,
juvenile delinquents and also of poor and weaker sections of society.
(5) Social interest in general progress : It may be of three types : (a) Economic : free trade,
free competition, freedom and use of property without restriction, (b) Political : It includes
free speech, free press, freedom of association and cultural freedom, etc.
(6) Social interest in individual life ; Individual self assertion, physical, mental, economic ;
individual opportunity, physical, cultural, social and economic ; individual conditions of life
a minimum wages, etc.

Means to Achieve Ends

For Pound the above catalogue of various legally recognized interests of individuals, groups
and society interact upon each other. Law, therefore, creates devices, machinery and means to
reconcile these conflicting interests. True it can be said that interests can be achieved with or
without law.
Theory of Justice
Pound is more interested in satisfaction of social needs and promotion of social justice than
assertion of legal rights. Law, therefore, should not be studied in relation to abstract concept
but as an instrument of social justice. For instance, Pound recognized the right of the weaker
sections of society for greater social stability, economic security and general welfare, etc. The
various laws concerning minimum wages, old age pension, social insurance, social security
and guarantee of decent living, etc., are measures to further the social goals and ends of
society.
Social Engineering
For Pound law is not so much a social science as technology and the analogy of engineering
is applied to social problems. For a practical and functional working of law in society, it must
be based on actual information, statistics and briefs like the mechanical engineering which
also depends upon a number of scientific factors for the production of goods needed by the
community. So the law must be concerned with its purposes and techniques to achieve the
set purposes paying no or little attention to conceptual rations of law, legal rights,
sovereignty, etc

CHPTER 4.
Sociological School and Indian Position
To India, sociological school of jurisprudence has much relevance in terms of realisation of
the social and economic goals of the community. Law in free India is being adjusted to serve
the common needs and ends of society along with individual interests. However, before 1947
the judges, the lawyers and law administrators did not look around while making new laws.
After 1947 there was a changes in the perspectives of law itself. India became free and it
adopted the new Constitution with a view to establish justicesocial, economic and political
To achieve these set goals Indian planners introduced the system of economic planning in
India with a view to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, 'social, economic and political shall
inform all institutions of national life.
1. It became clear to judges and legislators and even to lawyers that old analytical approach is
out of date in modem free India. Law must serve and cater the needs of the common man and
not the rulers alone as was the case during colonial period of British rule.
2. For quick social changes and social justice, legislation is the only the quick and effective
method for attaining the socioeconomic objectives of the society.
3. Indian law must not be a slavish imitation of western legal notions nor a carbon copy of the
socialist system of erstwhile Communist Russia. It must be a synthesis of such approaches
which/meet requirement of our people, their genius, aspirations and desires. Therefore,
whatever is being done in other countries should not be taken for granted.
4. Adoption of a democratic Constitution for India withmFundamental Rights and Directive
Principles of State Policy indicate the method and process of social change. Accordingly
evolution and voluntary adjustment to new social order and not revolution should be the
means to effect social changes.
5. It is for the social and public leaders, planners and law administrators to discover the
pressing. social needs which are claiming for fulfilment. Hence, it is the task of the
above agencies to initiate the process of social engineering through law by adjusting
individual interests with that of community good.
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CONCLUSION
The Sociological School of jurisprudence attempts to look at law against the background of
the people it is meant to govern. It believes that law cannot exist in the absence of the people,
that law must be part and parcel of the people in order to command legitimacy.
However, though living law as propounded by Erlich harmonizes with the aspirations of the
people, it gives cause for some concern. This is especially so where such living law does not
immediately or ultimately promote the well-being.
Pound focused on various interests in the society, that is, individual interests, public interests,
and social interests. To him, the law played a mediatory role in resolving the conflicts which
are bound to emanate from such array of interests. However, resolving such conflicts is easier
said than done, and minority rights are usually sacrificed in the process.

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BIBLIOGRAPHY
1. Dr., Mahajan V.D, JURISPRUDENCE AND LEGAL THEORY, Eatern Book Company
Lucknow, 1987.
2. Dias, R W M, Jurisprudence, Butterworths, Aditya Books Pvt. Ltd, 5th Edn., 1994.

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