A law that is usually ignored is not part of life. His use of the expression “sociological school of jurisprudence” means that law must be made and administered in a society that most takes into account its needs. To achieve this goal, a very careful study of the social conditions of the society in which the law is supposed to operate is essential. The idea of the sociological school is to establish a relationship between law and society. This school has placed more emphasis on the legal perspective of every problem and change that occurs in society. Law is a social phenomenon and law has a direct or indirect relationship with society. The School of Sociological Law focuses on the balance between the well-being of the state and the individual. abhishekbhatti.wixsite.com/website/post/ihering-s-theory-of-sociological-school-of-law-5 As mentioned above, the School of Sociological Law focuses on the study of law in practice in relation to society. They focus on real social conditions and situations that require the help of the law. According to Roger Cotterrell, “Luhmann. treats theory as the basis for all general sociological analyses of social systems and their interrelations. [108] But their theoretical claims to the autonomy of law are very powerful postulates presented before (and perhaps even instead) the kind of detailed empirical study of social and legal changes that comparatists and most legal sociologists probably prefer.
The postulates of autopoiesis theory do not so much guide empirical research, but conclusively explain how to interpret everything that this research can discover. [109] Due to the growing importance of laissez-faire practice, this legislation came into being. However, due to the development and growth of laissez-faire, there seems to be greater relevance and focus on individual growth. Therefore, the sociological school of jurisprudence emphasizes individual improvement and not: the sociological school of jurisprudence studies the relationship between law and sociology. Each problem or concept has two different aspects. One is the sociological point of view and the other is a legal aspect. For example, Sati. Some influential approaches within the sociology of law have challenged definitions of law in relation to official (state) law (see, for example, Eugen Ehrlich`s concept of “living law” and George Gurvitch`s “social law”). From this perspective, law is understood to include not only the legal system and formal (or formal) legal institutions and processes, but also various informal (or unofficial) forms of nomativity and regulation generated within groups, associations and communities. Sociological studies of law are therefore not limited to analyzing how the rules or institutions of the legal system interact with social class, gender, race, religion, sexuality and other social categories. They also focus on how the internal normative orders of different groups and “communities,” such as the community of lawyers, businessmen, academics, members of political parties or members of the mafia, interact with each other.
In short, law is studied as an integral and constitutive part of social institutions, groups and communities. This approach is developed in more detail in the section on legal pluralism. [83] The sociology of law was a small but developing branch of British sociology and jurisprudence at the time Campbell and Wiles wrote their review of legal and social studies in 1976. Unfortunately, despite its initial promise, it remained a small estate. Very few empirical sociological studies are published each year. Nevertheless, there have been excellent studies representing a variety of sociological traditions as well as important theoretical contributions. The two most popular approaches in the 1960s and 1970s were interactionism and Marxism. One thing most jurists have in common is that they all saw a link, a link between society and law. The sociological school of jurisprudence advocates the study of law in correlation with society. In fact, Indian courts have tried to apply or refer to the sociological school of jurisprudence in their judgments.
In N. Adithayan v. Travancore Devaswon Board and Ors,[iii] the Court held that differentiation based on occupation must not permeate the social fabric of society. Consequently, the Court reaffirmed that any form of discrimination amounting to untouchability will not be accepted or tolerated. Even in Sarla Mudgal v. Union of India,[iv] the Court stated, with due regard to the concept of a sociological school of law, that marriage contracted under personal law cannot be dissolved by the application of another law. Montesquieu was the French philosopher and paved the way for the sociological school of jurisprudence. He was of the opinion that the legal process is somehow influenced by the social situation of society.
He also recognized the importance of history as a means of understanding the structure of society. And explained how important it is to study the history of the company before formulating the law for this society. But on the other hand, we`ve seen laws like Article 377 of the CPI declared unconstitutional and many of these draconian laws struck down simply because of this school of thought. So we can agree that, although this school of thought has been successful, we cannot abuse it every time. Perhaps the most difficult idea in autopoiesis theory is that social systems should not be defined in terms of human action or norms, but in terms of communication. Communication, on the other hand, is the unit of expression, information and understanding and constitutes social systems by recursively reproducing communication. This sociologically radical thesis, which feeds the fear of a dehumanized theory of law and society, seeks to highlight the fact that social systems are constituted through communication. [107] 3. Roscoe Pound, he is also known as the father of this sociological school.
He developed a term called “social engineering”, that is, just like the engineers of our society who manufacture, invent goods and products for society and promote the discovery of various new products on the market, for example, the invention of mobile phones and laptops, with these inventions, these engineers have helped the whole society worldwide by facilitating our work, Now we don`t need to carry around those big, old-fashioned computers and ugly old phones. Just like these engineers, we need “social engineers” in our society to enact new laws, to change old ones, to deal with current social problems and, of course, for future ones. He even notes that in a society, the desire, needs and interests of one individual come first over the interests of the other person, and with this perspective of every person in society, this would lead to chaos and conflict. Therefore, we need laws to maintain harmony between people and in society there should be a balance of interests of the individual and the state. For example, we know that the Indian Constitution guarantees certain fundamental rights to its citizens, but we also know that not all these rights are absolute, and the Constitution has established a clause of reasonable limitation of our rights, so that in society, neither the right of an individual overwhelms the state, nor the authority of the state overwhelms the people. This is how a democratic country can function by balancing the rights of the individual and the state. He was the first to speak about this particular school of thought, the sociological school of jurisprudence, he paved the way for future jurists, jurists and sociologists to think and interpret this new school that linked law and society, and further noted that the interdependence of the two. For example, since we know that morality varies from person to person and is very subjective, but in order to maintain balance and order in society, we have laws that guide and guide all society, what is right or moral in society and what is immoral or evil.
