Some theories on sociology of law
Max Weber
Major analysis of law is contained in economics and Society. One of the founders of modern sociology of law.
The basic sociological terms according to Max Weber are:-
- Action and social action
- Social relationship
- Social order
- Organization
Max Weber approach to law can be explained as below:-
Legal system :- He has categorize legal system into four types such as,
- Substantively rational legal system,
- Substantively irrational legal system,
- formally rational legal system and
- formally irrational legal system.
Topology of law :-The concept of rationality is central to the topology of law. It describes that an order will be called law if it is physically or psychologically forced to bring conformity of law for its purpose. It has 4 main variants as well.
Weber Topology of social orders:- there are certain rules for action such as-
- De facto Regularity of action.
- Normative rules for action.
- Rules of Expediency for action.
Legitimate authority: -
There are three types of legitimate authority, they are
- Traditional authority:- it is based on tradition and custom and on the sanctity of age old rules and power. It describes that the ability and right to rule is passed down through heredity. It is typically in feudalism.
- Legal rational authority:- legal authority domination is regarded as a system. It is based on the belief of legality of enacted rules which is frequently found in modern states, government, corporations and others.
- Charismatic authority: -it is based on the extraordinary characteristics of individuals whose mission and vision generally inspires others. For example : Mahatma Gandhi .
Rational quality of legal Institution:- Max Weber studied the modern Western societies with emphasizing rational quality of legal institutions.
Theory of authority:- The term power means ability and when ability becomes legal power then it is deemed as authority. And that is due to legal acceptance, traditional acceptance or if that is good for society and individuals.
Law and power
Bureaucracy and law
Legal professionals
Capitalism and law
Type of social action
Roscoe Pound: Social Engineering and Balance of Conflicting Interest
Concept
Every human being is born with some Desire and expectation. Human beings expect that his/ her desire must get fulfilled and for which there arises conflict of desire and that is termed as interest.
It is impossible to fulfill every desire of human beings. Therefore the concept of social engineering emerged in order to fulfill the maximum desire of human beings by balancing the conflicting interests.
Social Engineering
The aim of social engineering is to build an efficient structure of society which requires the satisfaction of interest with the minimum of friction and waste. Social engineering is based on the process of balancing interest and defining that it is a task of a lawyer to make an effort to achieve such balancing interest.
According to Roscoe Pound, law is social engineering which means a balance between the competing interests of society.
Types of Interest
- Individual Interest:- These are the interests that human beings claim or demand from the standpoint of individual life which consist of interest in personality and domestic relations.
- Public Interest:- these are the interest that human beings claims or demands from the front front of political life which means every individual in a society has a responsibility towards each other
- Social Interest:- these are the interest that human beings claims or demands from the standpoint of social life which means to fulfill the need of society
Balance of conflicting interest
For the purpose of satisfying human interest Roscoe Pound defined that to be an organized society law must do something to fulfill such claims, wants, desires of human beings. Roscoe Pound has given a theory of 4 stages for the balancing of conflicting interests:-
Stage 1: find out what an interest is.
Stage 2: list and classify the interest.
Stage 3: if there is a conflict then weigh and balance such interest.
Stage 4: If found new interest then apply jural postulates.
Functional Aspect of Law by Roscoe Pound
- Emphasized law as a tool for social engineering.
- Views law as balancing various societal interests.
Four Major Functions of Law according to Pound
1. Maintenance of Law and Order: Ensuring societal stability and security: - Law acts to prevent chaos and uphold societal norms.
2. Maintenance of Status Quo: Preserving existing societal structures and norms: - It ensures continuity and stability in social arrangements.
3. Ensuring Maximum Freedom: Protecting individual liberties within societal boundaries: - Law aims to provide freedoms while maintaining order.
4. Satisfying Basic Needs: Addressing fundamental requirements of the populace: - It includes access to justice, basic necessities, and social welfare.
Law as Social Engineering
Pound's perspective views law as a form of societal design and improvement.
It aims to achieve harmony and balance among competing interests.
