Note of Chapter 1: Meaning and Concepts of Sociology of Law, from exam perspective. (cursory notes).
Chapter 1: Meaning and Concepts of Sociology of Law.
a) MEANING OF SOCIOLOGY OF LAW
Sociology of law is an integral part of social theory and that includes the sociological aspect of law. It is the study of the social context of law. As per Gurvitch sociology of law gives the jurist an objective description of the social reality of the law valid in a given social milieu. He further states that the meeting point of sociology and law is sociology of law. Sociology of law is one of the subdivisions of sociology.
It is a sociologist’s empirical study of legal phenomena to understand and know the growth, development and working of legal institutions. It studies how the law is affected by the social change either of a political, economic, psychological and demographic.
The founders of sociology of law in Europe are: -
- Emile Durkheim
- Duguit, Levy
- Max Weber and E. Ehrlich
The founders of American Sociology of law are: -
- O.W. Holmes
- Roscoe Pound
- Benjamin Cardozo
- Legal Realism and beyond.
The objective of sociology of law are as follows: -
- To make the society properly functionable by the law.
- To evaluate the laws from a societal perspective.
- To make necessary recommendations.
- To maintain a harmonized relationship between each and every member of society.
B. Conceptual development of sociology of law
Sociology of law was developed in the 19th - 20th century and the head of socialization was firstly planted by the historical school of thought. There was a gap between legal approach and social justice and then it was felt necessary to have the alertness by judicial approach to existing social realities.
i. Early Development of sociology of law (Sociological Movement of law)
This phase includes the ideas of contributors of the historical school of law such as Karl Von Savigny, Sir Henry Maine, Ihering and others. It was stated that law can only be analyzed meaningfully in its social contexts. The ideas developed were primarily in regard to failure of natural school and analytical school.
ii. Second Stage (Contributions by Emile Durkheim and Roscoe Pound).
The basic idea was about the nature of sanction in different types of social solidarity and the concept of various types of interests were advocated in this stage.
iii. Third stage (Max Weber)
The idea was that law in the modern sense should be rational and like other institutions law has to be rational. The study of law and custom should be done separately.
iv. Recent Developments
Globalization.
Legal Culture.
Legal Pluralism.
Law and Feminism.
D. Sociology of law as a part of sociological jurisprudence.
Sociology of law primarily studies society and law as peripherally. Whereas sociological jurisprudence primarily studies the relationship of law and society on society itself.
The development of sociology of law in the 19th and 20th century started from historical jurisprudence which is regarded as the background history of sociological jurisprudence. Similarly, the rise of sociology of law was based on the ground of sociological jurisprudence.
The development of sociological jurisprudence and sociology of law are closely related to each other. The study of sociology of law is an aspect of the study of sociological jurisprudence.
Sociological jurisprudence determines the coordination of human behavior which is based on the existence of sociology of law. According to Talcott Parsons his sociology of law is largely based on the sociological ideas of sociological(classic) jurisprudence.
According to Roscoe Pound sociological Jurisprudence consist of certain pragmatic guidelines, they are: -
- It studies the actual social effects of law.
- It focuses on the effects of law for adequate legislation.
- It also studies the social effects of law in a historical basis.
These ideas of Roscoe Pound particularly emphasis on the role of sociology of law in sociological jurisprudence.
