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Presentator: Anup Khadka,

Roll No: 3, LLM-1st Sem,

Day Shift, 2077

Multidisciplinary Approaches of Social Jurisprudence

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Sociological Jurisprudence

The Sociological approach to the study of law is the most important characteristic
of our age. Jurists belonging to this school of thought are concerned more with
the working of law rather than its abstract content. Their principal premise is that
the law must be studied in action and not in textbooks. They have been at work
upon jurisprudence with reference to the adjustment of relations and ordering of
human conduct which is involved in group life. They are concerned with the study
of law in relation to society. They concentrate on actual social circumstances
which gives rise to legal institutions. Sociological jurists……insist on the unity of
the social sciences and the impossibility of the wholly detached self – centered,
self – sufficing science of law. They insist that the legal order is a phase of social
control and that it, cannot be understood unless taken in its whole setting among
social phenomena.

Sociological school of jurisprudence has emerged as a result of synthesis of

various juristic thought. The exponent of this school considered law as a social
phenomenon. They are chiefly concerned with the relationship of law to other
contemporary social institutions. They emphasize that the jurist should focus their
attention on social purposes and interest served by law rather than on individuals
and their rights. According to the school the essential characteristic of law should
be to represent common interaction of men in social groups, whether past or
present ancient or modern.

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Sociology of Law- Wikepedia
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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.

It would therefore be seen that 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.

Sociological Approach – Nature and Meaning

Sociological approach towards study of law was a reaction and revolt against the
analytical and historical school both of which regarded law as 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. Of –
course! The Sociological approach to the study of law is of recent origin. 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 subserve.
All the jurists who define law in relation to society in terms of ends which law
serves and the interests which the law satisfies and the common good which the
law seeks 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.

Characteristics of Sociological Jurisprudence

The chief characteristics of Sociological Jurisprudence are as follows:

1. sociological jurists are concerned more with the working of law rather than
with the nature of law. They regarded law as a body of authoritative guides to
decision and of the judicial and administrative processes rather than abstract
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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 it
synthesizes both the analytical and historical approach to the study of law.

3. Sociological Jurists lay emphasis upon social purposes and social goals and
expectations which are the law sub serves 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.

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“All collective human life is directly or indirectly shaped by law. Law is like
knowledge, an essential and all-pervasive fact of the social condition.”

— Niklas Luhmann

In early time, rules and laws are originated from the only custom to govern the
society which had only a social sanction. Then, the supremacy of King and priest
came. then, after the revolution and changes, the balance between the individual
interest and welfare of society was realized. The main subject matter of sociology
is Society. Sociology is the study of society, human behavior, and social changes.
And jurisprudence is the study of law and legal aspect of things. The Sociological
school of Jurisprudence advocates that the Law and society are related to each
other. This school argues that the law is a social phenomenon because it has a
major impact on society.

August Comte (1798-1857) was a French Philosopher. The term “Sociology” was
first used by the Comte and he described Sociology as a positive science of social
facts. He said that Society is like an organism and it could progress when it is
guided by Scientific Principles. Thus, he makes great efforts to use the law as a
tool by which human society maintains itself and progresses.

After Comte, many Writers and Jurist tried to connect the society and law
together and tried to find a link between law and sociology.
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Sociology of Law-Sociology-Oxford Bibliogriaphies
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The idea of Sociological School is to establish a relation between the Law and
society. This school laid more emphasis on the legal perspective of every problem
and every change that take place in society. Law is a social phenomenon and law
has some direct or indirect relation to society. Sociological School of
Jurisprudence focuses on balancing the welfare of state and individual was
realized.

In the words of Ehrlich, “At the present as well as at any there time, the centre of
gravity of legal development lies not in legislation, nor in the juristic decision, but
in society itself. ”

Sociological School of Jurisprudence studies the relationship between the law and
sociology. Every problem or concept has two different aspects. One is sociological
view and other is a legal aspect.

Reason for the emergence of Sociological School of Jurisprudence

According to the Britannia dictionary, “ Laissez-faire is the policy of minimum

governmental interference in the economic affairs of individuals and society.” [1]

Laissez-Faire is the unrestricted freedom given to people by the government. It is

a governmental policy in which the government and law will not interfere in the
economic matter of people. In the Laissez-Faire economy, the only role of
government and law is to prevent any conflict and coercion against individuals
like theft, fraud etc. Due to Laissez-Faire, all people are giving more importance
to the individual interest and ignored the general interest or state interest and
welfare of the state. The Sociological school came out as a reaction against the
laissez-faire because sociological school advocates the balance between the
welfare of the state and individual interest.

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Contributors of Sociological School of Jurisprudence

Montesquieu (1689-1755): Montesquieu was the French philosopher and he

paved the way of the sociological school of jurisprudence. He was of the view that
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Prof. Dr. Bal Bahadur Mukhia, Comparative Jurisprudende, Part I, Hiedel Press Pvt. Ltd
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the legal process is somehow influenced by the social condition of society. He also
recognized the importance of history as a means for understanding the structure
of society and explained the importance of studying the history of society before
formulating the law for that society.

In his book ‘The Spirit of Laws’, he wrote “law should be determined by the
characteristics of a nation so that they should be in relation to the climate of each
country, to the quality of each soul, to its situation and extent, to the principal
occupations of the natives, whether husbandmen, huntsmen or shepherd, they
should have relation to the degree of liberty which the constitution will bear, to
the religion of the inhabitants, to their inclinations, riches, numbers, commerce,
manners, and customs.”

Eugen Ehrlich (1862-1922): Eugen Ehrlich was considered as the founder of

Sociology of law. Sociology of law is the study of law from the sociological
perspective. Ehrlich considered society as a main source of the law. And by
society, he means “association of men”. Ehrlich had written that “Centre of
gravity of all legal developments is not in legislation or judicial decisions but in
society itself.”He argued that society is the main source of law and better source
of law than legislation or judicial decision.

Roscoe Pound (1870-1964): Pound was an American Legal Scholar. His view is
that law should be studied in its actual working and not as it stands in the book.

Theory of Social Engineering: Roscoe Pound gives the theory of Social Engineering
in which he compared lawyers with the Engineers. Engineers are required to use
their engineering skill to manufacture new products. Similarly, social engineers
are required to build that type of structure in the society which provides
maximum happiness and minimum friction.

According to Pound, “Law is social engineering which means a balance between

the competing interests in society,” in which applied science is used for resolving
individual and social problems. [3]
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Social Engineering is the balancing the conflicting interest of Individual and the
state with the help of law. Law is a body of knowledge with the help of law the
large part of Social engineering is carried on. Law is used to solve the conflicting

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The Spirit of Jurisprudence, Khadindra Raj Katuwal, Pairavi Prakashan, First Edition, 2015
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interest and problems in society. He mentioned that everybody has its own
individual interest and considered it supreme over all other interest. The objective
of the law is to create a balance between the interests of the people.

Interest Theory: Roscoe Pound in his interest theory mentioned the three kinds of
interest. To avoid the overlapping of the interests, he put boundaries and divides
the kinds of interests.

Individual Interest: These are claims or demands involved from the standpoint of
the individual life which consists of interest of personality, interest in domestic
relations and interest of substance

Public Interest: These are the claims or desires asserted by the individual from
the standpoint of political life which means every individual in a society has a
responsibility towards each other and to make the use of things which are open
to public use. Interest in the preservation of state

Social Interest: These are the claims or demands in terms of social life which
means to fulfill all the needs of society as a whole for the proper functioning and
maintenance of it. Interest in the preservation of general peace, health, security
of transaction’s, preserving social institutions like religion, politics, economic

Jural Postulates by Roscoe Pound: Roscoe Pound mentioned the five Jural
Postulate and mentioned that the interest mentioned in these jural postulates
should be protected and nourished.

Criminal: An interest of protection from any intentional aggression. E.g. Assault,

Wrongful restraint, Battery, etc.

Law of Patent: An interest of securing his own created property by his own labour
and hard work. E.g. agricultural land, any music or artistic things.

Contract: The interest in making the contract and getting of reasonable remedy
or compensation when his right violate

Torts: Protection against Defamation and unreasonable injury caused by the

negligent act of another person.

Strict Liability
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Leon Duguit (1859-1928): Leon Duguit was a French Jurist and leading scholar of
Droit Public (Public Law). He was greatly influenced by the Auguste Comte and
Durkheim. He gave the theory of Social Solidarity which explains the social
cooperation between individuals for their need and existence. Social Solidarity is
the feeling of oneness. The term ‘Social Solidarity’ represents the strength,
cohesiveness, collective consciousness and viability of the society.’ Leon Duguit’s
Social Solidarity explain the interdependence of men on his other fellow men. No
one can survive without the depending on other men. Hence the social
interdependence and cooperation are very important for human existence. The
objective of the law is to promote Social solidarity between individuals. And Leon
Duguit considered that law as bad law which does not promote social solidarity.
Further, he also said that every man had the right and duty to promote social
solidarity.

Sociology of law

Sociology of law studies sociology from the legal point of view. The Sociology of
law is the interdisciplinary approach or sub-discipline of sociology. It views the
society from the legal side and explains the interdependence of Society and law.
Sociology law explains the interdependence of the law and society. Podgorecki
has listed the following functions of the sociology of law: [4]

(1) The sociology of law aims at grasping law in its working;

(2) It is to provide expert advice for social engineering;

(3) The sociology of law makes an attempt to shape its studies so as to make them
useful for practical applications; and

(4) The sociology of law struggles with reality.

Thus, the sociology of law aims at the understanding of legal and social
phenomena, whereas the main concern of the traditional approach to
jurisprudence is to undertake analytical-linguistic studies.

Multidisciplinary Approach:
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Encyclopedia of Law and Society
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Under the dimension of sociological jurisprudence, a Multidisciplinary approach

of Sociological Jurisprudence is studied in a broader manner. 6It is gradually
developed program for team play, as Pound simplified:…and is now reappearing,
was due to modes of juristic thought and to juridical and juristic methods that
were the result of want of “team play” between jurisprudence and the other
social sciences. Utilizing various methods and techniques or doing empirical
study, social jurists centre to real life’s problem or concern on social disturbances
rather than selling some imagination or being ideal or expert. Social jurists always
work for the betterment of the society as they are more concerned with the
equity and the justice. As Sociological jurisprudence deals with the social
interests, Social solidarity; Social jurists are focused to identify the social problems
and give the better solutions.

There are different problems in the society and they are related to the different
aspects of social life. Those problems are to be sort out by the studying of other
aspects of society but not by studying the law alone. Example: If the problem of
the equity is to be solved then just by studying law is not sufficient but we have to
study the economics and move accordingly to uplift the standard of the people.
In this case economist are crucial than law. If there is the problem of solid waste
management then Environmentalists or Natural Resource Managers give the
better idea to resolve the problem and to understand the criminology effectively,
we have to know much more about the other aspects of the mankind that means
we should know about the Psychology, Anthropology, Medical sciences etc.
Without having the knowledge in those fields, criminal justice cannot be achieved.

Legal study working with other social sciences to identify and advance the
practical solution therefore multidisciplinary is gown as a tradition in law under
sociological jurisprudence, citing to Pound: To the twentieth century, the
problems seem to be first, not what law is, but what law does, how it valuing the
conflicting and overlapping interest and claims which must be harmonized or
adjusted by legal order, and third, the limits of effective legal action and means of
securing effectively the change in the problems of Jurisprudence has come change
of philosophical, sociological and realist.
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Society develops or changes with the outcome of new social phenomenon. Such
social phenomenon leads to teach the human to do something new and do
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Jurisprudence as Cabbage, Kamal Raj Thapa, Unnati Books, Exhibition Road, Kathmandu, Second edition, PP 346
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Multidisciplinary Approach and Entrepreneurship…Amity University
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betterment of the society. Such new phenomena extend the scope for new rules
and institutions, such as Constitution of Nepal-2072 after restoring republican in
the society. Here law grows with the growth of social relations, exchange and
interactions, trade and commerce, marriage and migration became true. Such
process of change for this time is widespread and great in scale. It pressures to
adopt and realize the dynamism of law because present social life is no more
static and possible to be governed by taboos or customs or religious scriptures. It
influences community to adopt new patterns or rules by which they can manage
their new behaviors and affairs.
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Multidisciplinary approach of Sociological Jurisprudence of great importance as it
directly relates to the development of the society. As sociological jurisprudence is
concern with the action-oriented social law rather than postivisit’s strict law of
sovereign and evolutionary approach of historical jurisprudence. Sociological
jurisprudence brings the change in the society. It identifies the real problem of
the society or community as it directly correlates with the other disciplines of the
society like Economics, Environment, International relation, Industrial relation,
Anthropology, Psychology, and Medical as well other Social Science. Without
having the adequate knowledge of other aspects of society, law alone cannot give
justice and bring change in the Society. That’s why the multidisciplinary approach
of sociological jurisprudence is so relevant with the development of the society.
Multidisciplinary approach keeps peace and harmony in the society as all the
disciplines are interlinked with each other.

Comte’s law as organism; Duguit’s law as Social Solidarity, Ehrlich’s law as living
law and Pound’s law as social engineering and balance between the all kinds of
interest i.e. individual, social and state has helped a lot to elaborate the
multidisciplinary approach of sociological jurisprudence. In Pound’s social
engineering, lawyers are treated as engineers. As engineers developed the
structures of the society, lawyers also contribute to keep peace and justice by
bringing all the social interests into one harmony.

Conclusion:

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Sociological School of Jurisprudence-ipleaders
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Sociological School of Jurisprudence studies the relationship between law 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. 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.

Sociological jurisprudence cannot stand on law itself. It incorporates the other

social issues and gives better justification. Sociological jurisprudence deals with
politics or political science, Psychology, Anthropology, Economics, Development
studies, Environmental Sciences, Industrial relations and other Social sciences
which are directly connected with sociological jurisprudence. Sociological
jurisprudences always accounts for the comfort and happiness of the people. It
not only identifies the social-legal problems but also provide the better solutions
for that. Most of the time Politicians, administrators, Planners, Economists and so
on are involved in identifying the problems and give better solutions for
maintaining the peace and harmony in the society rather than lawyers. Lawyers
advocate for keeping the justice in the society. For that also they need know
about the sociological jurisprudence which helps to give the clear idea about the
Society. This is exactly the multidisciplinary program. Hunan behaviors expands
vastly to the areas like: politics, economics, climate, international relations and so
on, These obviously influence, concern, share and demand to the area of
regulation as well. These all cannot fit under positivist claim that law is order of
sovereign. Such postulations are eternalized in legal study which equally
widening the scope of sociological jurisprudence because the very purpose of
sociological jurisprudence is to facilitate and comfort the society and to minimize
the risk.
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