Scope of Sociological Jurisprudence

 Scope of Sociological Jurisprudence

By Shagun Mahendroo

SOCIOLOGICAL JURISPRUDENCE

The study of society, social change and human behaviour is known as sociology and the study of law and the legal perspective of things is known as jurisprudence. The sociological school of law asserts that the law and society are intertwined to each other. This school of thought contends that the law is a social concept since it affects so many people. Sociological jurisprudence focus on studying law by relating it with the society.

Features of Sociological School of Law:

1. The Sociological School of Law fully disregards positivism, i.e., sovereign authority, as well as historical jurisprudence.

2. The Sociological School of Law places a greater focus on the practical side of law than on its abstract nature.

3. It has direct impact on society and form laws in response to social needs.

Behind every legal element, there is a hand of sociology. The crimes which are committed are somewhat sociological in nature. The concept of sociology will help the lawyers or judge to understand the motive of the crime and accordingly the punishment will be given. Sociology has brought a new change in study of jurisprudence.

Emergence of Sociological Jurisprudence:

The most fundamental cause for the formation of the sociological school of jurisprudence is Laissez-Faire. When it comes to dealing with the economy, society or individuals, it refers to a policy of minimal government intervention. This law was enacted in response to the growing importance of the laissez-faire philosophy. However, as laissez-faire has developed and grown, there appears to be a large emphasis and focus on individual advancement. The sociological school arose as a reaction to laissez-faire because sociological school promotes an equilibrium between the welfare of the state and the interests of individuals.

Works by the early people of new societal interests such as Bentham, Renner, Weber and to satisfy the social demands of modern society are also a factor of emergence.

Founders

Auguste Comte, a French theorist, is father of sociological school of law. His main focus is on empirical approaches, which use observations and experiences to create social facts. Comte is a believer of the fundamental law governing mental growth. Comet’s view was largely influenced by mechanical analogies. Biology is the next step in the evolution of the sociology school. Here the theory of Darwin denies the claim to absolute truth/reality. Herbert Spencer made a suggestion that law is subject to change as a result of community development. Points given by scholars who have contributed to the development of sociological jurisprudence are summarized as follows:

1. Law is a socially regulated norm and not a universal system.

2. The legislation in force cannot solve problems that are based on economy and society.

3. In the context of their period, no law is a limitless and fixed set of laws, but they are relative to society, time and a specific location.

4. Social justice is a dynamic phenomenon, not a static one.

5. When the approach to law and state welfare is measured, the importance of sociological school of law is clearly seen.

Sociological Jurisprudence in India

In India, sociological jurisprudence can be found in various of laws and enactments. There have been various instances where the concept of sociological jurisprudence has been mentioned and taken into account when making a decision.

1. In case of N. Adithayan vs The Travancore Devaswom Board and Ors, it was held that the caste distinctions could not be permitted to pervade the society's social structure. As a result, the Court maintained its position that any form of discrimination on the basis of untouchablity would be unacceptable.

2. In case of Ashok Kr Gupta & others vs State of Uttar Pradesh, it was observed that court is not obligated to accept an interpretation that hinders social inclusion

In the abolishment of triple talaq, the sociological factor was brought up related to equal rights of women. There was difference in opinions of judges this is why the judgement took so much of time. The majority used a social strategy to protect women's right. Some of them, on the other hand, took the conventional approach of understanding it as unaffected because it falls under personal laws, which are not covered by Article 13. At the end the Apex court's Social Jurisprudential approach recognised women's fundamental rights, invalidating the arbitrary practise of triple talaq under Muslim personal law.

Conclusion:

Every issue in India has a legal and sociological perspective like the legal side of female infanticide. Bengal Ordinance XXI declared infanticide to be crime in 1795. The government has taken steps to prevent female foeticide and infanticide. Its social aspect is that nature produced both genders to secure  human race. Gender equality and women empowerment also comes under sociological aspect.

Eugen Ehrlich, August Comte, Duguit and Roscoe Pound are all jurists of Sociological School of Jurisprudence. Society can develop, according to August Comte, if it is guided by scientific principles. While Eugen Ehrlich stated, “society is the most important source of law” and Roscoe Pound related lawyers to engineers