The sociological school views law as a social institution that develops in response to the needs of society. It takes a multifaceted approach, studying law in terms of its functions, purposes, and objectives within a social context. The school was founded by Auguste Comte and further developed by thinkers like Herbert Spencer, who saw law evolving through Darwinian stages. Later contributors like Rudolf von Ihering emphasized that social interests should take priority over individual interests and that law is a means to serve social purposes through coercion organized by the state.
The sociological school views law as a social institution that develops in response to the needs of society. It takes a multifaceted approach, studying law in terms of its functions, purposes, and objectives within a social context. The school was founded by Auguste Comte and further developed by thinkers like Herbert Spencer, who saw law evolving through Darwinian stages. Later contributors like Rudolf von Ihering emphasized that social interests should take priority over individual interests and that law is a means to serve social purposes through coercion organized by the state.
The sociological school views law as a social institution that develops in response to the needs of society. It takes a multifaceted approach, studying law in terms of its functions, purposes, and objectives within a social context. The school was founded by Auguste Comte and further developed by thinkers like Herbert Spencer, who saw law evolving through Darwinian stages. Later contributors like Rudolf von Ihering emphasized that social interests should take priority over individual interests and that law is a means to serve social purposes through coercion organized by the state.
The sociological school views law as a social institution that develops in response to the needs of society. It takes a multifaceted approach, studying law in terms of its functions, purposes, and objectives within a social context. The school was founded by Auguste Comte and further developed by thinkers like Herbert Spencer, who saw law evolving through Darwinian stages. Later contributors like Rudolf von Ihering emphasized that social interests should take priority over individual interests and that law is a means to serve social purposes through coercion organized by the state.
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Sociological SCHOOL
FEATURES • Also called Functional School of Jurisprudence. • Effect of law and society on each other. • Balancing welfare of society and individuals. • Law is a social institution. • Multifaceted approach. • Studying Law in terms of function , purpose and objectives. August comte • Founder of Science of Sociology. • Observation and experience. • Law shapes as per needs of society. • Society like any other organism can progress guided by scientific principles. • Man cannot live in isolation. • Stages of Development of sociological school -stages by august comte Darwinian evolutionary stage by HERBET SPENCER Impact of psychological theories. Unification stage RUDOLPH VON IHERING • His famous work is ‘Law as an Means to An end’ • Opposed doctrine of individualism-against social cause • Ihering was social utilitarian. Against Bentham’s individual utilitarian. • Criticized concept of individual freedom. • Social interest must gain priority over individual interest. • Law has coercive factor. • Law has to be evaluated in social context MAIN POINTS 1.) LAW IS RESULT OF CONSTANT STRUGGLE • Development of law is neither spontaneous nor peaceful. • Law does not evolve spontaneously. • Living Law. 2.) LAW IS TO SERVE A SOCIAL PURPOSE • Law is a means to an END. • That end is to serve SOCIAL PURPOSE • Duty of the State is to protect Social Purpose and suppress Individual Purpose. • This end is served either by regard or by Coercion or duty or love. Law uses coercion. • “LAW IS COERCION ORGANISED IN A SET FORM BY THE STATE” • “LAW IS THE SUM TOTAL OF THE CONDITIONS OF LIFE IN THE WIDEST SENSE OF THE TERM , AS SECURED BY THE STATE’S POWER THROUGH THE MEANS OF EXTERNAL COMPULSION. CONTD. 3.) LAW IS NOT THE ONLY MEANS TO CONTROL SOCIAL ORGANISM. • Law cannot further all social purposes. • There are other conditions of social life where there is no interference by law or sometimes there is partial interference or there are certain conditions which are secured exclusively by the Law. Criticism • ONLY POINTING OUT PROBLEMS NOT THE SOLUTION • Law protects will not the purpose:- The purpose of law is to grant to the citizen the means of free expression of will. JURAL POSTULATES • Certain Assumptions to avoid conflicting interests. • Pound provided for 5 Jural Postulates. • Postulate 1- People must be able to assume that others will not be intentionally aggressive. • Postulate 2-People must be able to assume that they can control things that they have discovered, created or legitimately acquired • Postulate 3-People must be able to assume that other people will honour reasonable expectations which they create and undertakings which they give as well as making restitution in respect to unjust enrichment which they could not have reasonably expected to receive (good faith in dealings) • Postulate 4-People must be able to assume that other people will act with due care not to create unreasonable risk of injury to others • Postulate 5-People must be able to assume that other people will control things which they maintain on their land and which are like to escape and cause damage EHRLICH • CONCEPT OF LIVING LAW- Law in context of living society. • Law of marriage , contract , inheritance etc. dominates human life. • Cause of Legal development lies in society itself. • Law need not be necessarily created by the State but it is created by life of groups living within the society.
