Jurisprudence Assignment

Topic : Sociological School with

reference to Durkheim and Max
Weber

Submitted by:
Taiyeba Noor Fatima
B.A. LL.B(Hons.)
4th sem.
Roll no. - 57

1
 Index

Serial No. Topics Page No.

1. Introduction 4

Characterstics of
2. Sociological School 5

3. August Compte 6

Durkheim’s
4. contribution to 7
socioogy
Max Weber’s
5. contribution to 9
sociology

6. Conclusion 11

2
3
Introduction
Sociological school of jurisprudence has emerged as a result of synthesis of various juristic
thoughts. The exponent of this school considered law as a social phenomenon. They are mainly
concerned with the relationship of law to other contemporary social institutions. They insist that
the jurists should focus their attention on social purposes and interest served by law rather than
on individuals and their abstract rights. According to this school, the essential characteristic of
law should be to represent common interaction of men in social groups, whether past or present,
ancient, or modem.
The main concern of sociological jurists is to study the effect of law and society on each
other. They treat law as an instrument of social progress. The relation between positive
law and ideals of justice also affects the sociology of law.

Many authorities contend that sociological jurisprudence originated as a reaction to rigid

legal positivism which relied on the fact that law is solely based on the coercive power of
the State and completely rejected the pursuits of morality and justice as irrelevant in
human relations. Likewise, it was also opposed to historical school's undue insistence on
past customs, traditions and values which had blocked the growth and development of law
and paved way to narrow nationalism in Germany and France.
The supporters of sociological jurisprudence linked law with other social science disciplines and
treated it as a synthesis of psychology, philosophy, economics, political science, sociology, etc.
Law, according to them, was an applied science employing functional methods of investigation
and analysis for solving the social and individual problems. In their view, law is concerned with
its effect on society and therefore, it would be erroneous to treat it as a mere command or God's
will or the people's conscience. The functional role of law and its effect on society constitute the
basic philosophy underlying sociological jurisprudence. As Dean Roscoe Pound rightly pointed
out, "the sociological jurists look more for the working of law than for its abstract content".

4
Characterstics of Sociological School
The main characteristic features of sociological jurisprudence as stated by Roscoe Pound are as
follows :-

1. The exponents of sociological school lay greater stress on functional aspect of law rather
than its abstract contents. In their view, law cannot be insulated from the social
complexities and objectives and practical problems of life.

2. They consider law as a social institution essentially inter-linked with other disciplines
bearing direct impact on the society and uphold the view law is designed on the basis of
human experience in order to meet the needs of the society. Law is in fact a synthesis of
philosophy, psychology, political science, economics, sociology etc. and has to be
understood in terms of its utility, purpose, effect, practices and fnctions.
3. Sociological school completely discards the abstract notions of analytical positivism
which lay over-emphasis on command or power aspect of law as also the dead weight of
past culture and traditions which constituted the main theme of the historical
jurisprudence.1
4. Sociological jurists, however, differ in their approach to the perception of law. Some
prefer to adopt a pragmatic empirical recourse to study the functional aspect of law while
others emphasise on defining law in terms of court's rulings and decisions thus adopting
a realistic approach to law. For instance, Holmes has defined law in terms of judicial
prediction through the verdicts of law courts whereas Roscoe Pound treats law as an
instrument for the adjustment of human conditions to the social forces operating in a
given society.
In other words, sociological jurisprudence is a multifaceted approach to resolve immediate
problems of society with tools which may be legal or extra- legal and techniques which promote
harmony and balance of interests of society. 2

1
Sociological School of Jurisprudence, available at: https://blog.ipleaders.in/sociological-school-of-jurisprudence/
(Last visited on April 20, 2019)
2
The sociological school, available at: https://www.lawteacher.net/free-law-essays/english-legal-system/sociology-
of-law. (Last visited on April 20, 2019)

5
August Compte
Auguste Compte (1789-1857) is said to be the founder of the sociological jurisprudence who
made a beginning to what has been known as 'scientific positivism'. His approach to law was
empirical based on experience and observation. Thus he rejected metaphysical methods of the
study of law which was commonly resorted to by his predecessors belonging to the
philosophical and historical school. He denounced all hypothetical considerations in the
perception of law and based his study of law on empirical observation in an effort to establish a
co-relation between law and society. Being a mathematician himself, Compte was greatly
influenced by mechanical analogies.
According to Compte, human understanding widens with the mental developments and the law
takes shape to suit the needs of society in four stages, namely, (1) Primitive stage, (2) Medieval
stage, (3) Metaphysical stage and (4) the Modem scientific (Positive) stage. In the first stage,
theological men try to explain things by reference to supernatural forces like sun, moon, sea,
seasons etc. and believes that all the human affairs are controlled and regulated by God. In the
second stage, the God theory and forces of nature are personified in terms of absolute power.
These hypothetical considerations are discarded at the metaphysical stage and finally the
scientific stage lays greater emphasis on empirical observation and study of corelation between
observed phenomena themselves. Thus, Compte believed that the facts of society like those of
physical universe have to be explained by empirical observation and reasoning.3

3
Sociological Perspective essay, available at: https://www.bartleby.com/topics/Sociological-Perspective-Essay
(Last visited on April 20, 2019)

6
Durkheim’s contribution to Sociology
Emile Durkheim, one of the founding thinkers of sociology, was born in France on April 15,
1858. Durkheim's body of work as a researcher and theorist focused on how it is that a society
can form and function, which is another way of saying, how it can maintain order and stability
(See his books titled The Division of Labor in Society and The Elementary Forms of Religious
Life). For this reason, he is considered the creator of the functionalist perspective within
sociology. Durkheim was most interested in the glue that holds society together, which means he
focused on the shared experiences, perspectives, values, beliefs, and behaviors that allow people
to feel that they are a part of a group and that working together to maintain the group is in their
common interest.
In essence, Durkheim's work was all about culture, and as such, it remains deeply relevant and
important to how sociologists study culture today. We draw on his contributions to help make
sense of what holds us together, and also, and quite importantly, to help us understand the things
that divide us, and how we deal (or don't deal) with those divisions.4

On Solidarity and the Collective Conscience

Durkheim referred to how we bind together around a shared culture as "solidarity." Through his
research, he found that this was achieved through a combination of rules, norms, and roles; the
existence of a "collective conscience," which refers to how we think in common given our shared
culture; and through the collective engagement in rituals that remind us of the values we share in
common, of our group affiliation, and our shared interests.

So, how is this theory of solidarity, crafted in the late 19th century, relevant today? One subfield
in which it remains salient is the Sociology of Consumption. In studying why, for example,
people often make purchases and use credit in ways that conflict with their own economic
interests, many sociologists draw on Durkheim's concepts to point out the important role
that consumerist rituals play in our lives and relationships, like giving gifts for Christmas or
waiting in line to be among the first owners of a new product.5 Other sociologists rely on
4
Durkheim’s contribution to sociology, available at: https://www.thoughtco.com/emile-durkheim-relevance-to-
sociology-today-3026482 (Last visited on April 21, 2019)
5
Sociological Theorists, available at: http://www.grahamscambler.com/sociological-theorists-emile-durkheim/
(Last visited on April 21, 2019)

7
Durkheim's formulation of the collective conscious to study how certain beliefs and behaviors
persist over time, and how they connect to things like politics and public policy. The collective
conscious--a cultural phenomenon premised on shared values and beliefs--helps explain why
many politicians are elected based on the values they claim to espouse, rather than on the basis of
their actual track record as legislators.6

Max Weber

6
The contribution of Emile Durkheim towards sociology, available at:
http://www.yourarticlelibrary.com/sociology/the-contribution-of-emile-durkheim-towards-sociology-1198-
words/6250 (Last visited on April 21, 2019)

8
Born in 1864 in Erfurt, Province of Saxony, in the Kingdom of Prussia (now Germany), Max
Weber went on to become one of the most important sociologists in history. Some of his most
important theoretical contributions: his formulation of the connection between culture and
economy; conceptualizing how people and institutions come to have authority, and how they
keep it; and, the "iron cage" of bureaucracy and how it shapes our lives. 

The Iron Cage

Max Weber's concept of the iron cage is even more relevant today than when he first wrote about
it in 1905.
Simply put, Weber suggests that the technological and economic relationships that organized and
grew out of capitalist production became themselves fundamental forces in society. Thus, if you
are born into a society organized this way, with the division of labor and hierarchical social
structure that comes with it, you can't help but live within this system. As such, one's life and
worldview are shaped by it to such an extent that one probably can't even imagine what an
alternative way of life would look like. So, those born into the cage live out its dictates, and in
doing so, reproduce the cage in perpetuity. For this reason, Weber considered the iron cage a
massive hindrance to freedom.

His Thinking on Social Class

Social class is a deeply important concept and phenomenon in sociology. Today, sociologists
have Max Weber to thank for pointing out that one's position in society relative to others is about
more than how much money one has. He reasoned that the level of prestige associated with one's
education and occupation, as well as one's political group affiliations, in addition to wealth,
combine to create a hierarchy of people in society.

Weber's thoughts on power and social stratification, which he shared in his book titled Economy
and Society, led to the complex formulations of socioeconomic status and social class.7

7
Max Weber’s Contributions to sociology, available at: http://www.sociologygroup.com/max-weber-biography-
contributions/ (Last visited on April 21, 2019)

9
Conclusion
Sociological School of Jurisprudence studies the relationship between and society.  It explains
the interdependence of law and society. One can’t formulate better and effective law without
looking and studying the need and structure of society. For the betterment and harmonious
society, we need better and effective laws.

For Example, After the 2012 Delhi gang Rape happened (Nirbhaya Gang Rape). Rape laws are
amended in India.

Every problem in Indian has two aspects, one is legal and other is Sociological aspect. like, the
legal aspect of Female Infanticide is in 1795, infanticide was declared to be murder by Bengal
Regulation XXI. The British government took steps against the evil of female infanticide and
propaganda the same. And its sociological aspect is that nature designed both sexes for the
perpetuation of the human races. Gender equality and the empowerment of women were

10
considered one of the eight Millennium Development Goals by the United Nations Population
Fund in 2001.

Jurists of Sociological School of Jurisprudence are August Comte, Eugen Ehrlich, Roscoe
Pound, and Duguit. August Comte was of the view that Society is an organism and it could
progress when it is guided by Scientific Principles. While the Eugen Ehrlich argued that the
“Society is the main source of law” and Roscoe Pound compared the lawyers with Engineers and
argued that the objective of the law is to solve the conflict between the Individual Interest and
State Interest. 

Bibliography

 B.N. Mani Tripathi – Jurisprudence Legal Theory

 Edgar Bodenheimer- Jurisprudence: The philosophy and method of law

 V. D. Mahajan – Jurisprudence and Legal Theory

 W. Friedmann – Legal Theory

 https://www.thoughtco.com/max-weber-relevance-to-sociology-3026500
 https://www.britannica.com/biography/Max-Weber-German-sociologist
 https://blog.ipleaders.in/sociological-school-of-jurisprudence/

11