SOCIOLOGICAL

JURISPRUDENCE
Theory of Roscoe Pound by Debarati Pal

Unprecedented Factors
Shift of focus of attention from individual
rights to social duties.
Emphasis on the function of law in
communal existence.
Rapid entries in increase in population
Inequalities engendered by the
industrial revolution.

Health

Welfare

Education

Economics

Historical School has shown an essential connection

between law and society
State came increasingly to concern itself with the
host of social activities
Produced a host of new problems for the solution
of which guidance was needed
Analytical positivism was forced into confessions
of mental bankruptcy in meeting these demands
Revolutions social unsettlement upsetting the
social stability

Sociology - Definition

Auguste Comte (1798-1857), Founder of sociology

defines it as Science of Social order and
progress

Social
Order
Social
statics

Social
Progress
Social
dynamics

Transcendence of scientific methods to

sociological methods
Describe

Explain

Predict

SOCIAL
BEHAVIOUR
is
and not
ought to be

Descriptive
Laws

Social
Morphology

Social
Change

Social
Pathology

Social
Control

Group
Behaviour

Legal
Sociologist

Social
Behaviour
(norms of
conduct)

Sociological
Jurist

Regard society
as a whole.

Concerned with
Laws and the
tools of a
lawyers trade

Including the
part played by
legal
administration.

Law being
prescriptive.

In bringing
observable
patterns of
behaviour.

Considers their
function and
functioning in
society.

Regular
application of
force.
Regular use of
guides for
determining
disputes

Social study of laws

Inquiries-Social origins of law and legal
institutions
Examination of the impact of laws on
various aspects of society.
Inquiries dealing with the task which laws
would perform in society.
Attempt to find some social criterion to
test the validity of laws.

Roscoe Pound (1870-1964)

SOCIAL
FACTS
Application of
laws
Interpretation of
laws
Making of
laws

Factual study of social effects of

the legal administration.
Social investigations as
preliminaries to legislation.
Constant study of the means for
making laws more effective.
Study of psychological
philosophical and judicial methods.
Sociological study of legal history.
Allowance of a just and reasonable
solution of individual cases.
Ministry of justice in English
speaking countries.
Achievement of purposes of various
laws.

LEGAL ORDER
1)Recognition of interestindividual, public and social.
2)Definition of the limit-interest
will be legally recognized and
given effect to.
3)Securing of those interests
within the limits defined.

Preparation of an
inventory of interest
classifying them.

Selection of interest
legally recognized.

Demarcation of the
limits of securing
the interests.

Consideration of
the means.

Evolution the
principles of the
values of the
interests.

Theory of Social Engineering

The task of the lawyer correlated with the task of an

engineer.
Aim : Build as efficient a structure of society.
Satisfaction of the maximum of wants- minimum of
friction and waste.
Involves the balancing of competing interests.
Interest defined as Claims or wants or desires which
men assert de facto.
Task of jurist to assist the court by classifying and
expatiating on the interest protected by law.

A. Individual Interests
Domestic
Relations

Personality
Physical person
Freedom of will
Honour and
reputation

Parents
Children
Husband
Wife

Interest of
substance
Property
Freedom of
industry and
contract
Promised
Advantage
Freedom of
association
Continuity of
employment.

B. Public Interests
Interests of the state as
a juristic person

Interest of the state as

guardian of social
interest

Integrity, Freedom of
action and honour of
states personality
Claims of politically
organized society as
a corporation to
property.

Overlapping with the

next major category
of interests classified.

C. Social Interests
General
Security
General
Safety
General health
Peace and
order
Security of
acquisitions
Security of
transactions

Security of
Social Institutions
Domestic
institutions
Religious
institutions
Political
institutions
Economic
institutions.

General Morals
Prostitution
Drunkenness
Gambling

Continued
Conservation of
social resources
Natural
resources
Protection and
training of
dependants
and defectives
Human
resources

General
progress
Economic
progress
Political
progress

Individual Life
Self assertion
Opportunity
Conditions of
life.

Means and Ends

Means

Ends
Device of legal
person

Remedial
machinary

Attribution of
claims, duties,
liberties, powers
and immunities

Aims at
punishment
redress and
prevention

Predominance of Social Interest

SOCIAL
INTEREST

State Interest

Individual
Interest

Source

Dias, R.W.M , Jurisprudence, 5th Edn.,(Delhi & U.K.,

Aditya Books Private Limited, Butterworths,1994
)pp. 420-436

Acknowledgement- Suchita Goenka

B.Sc (Statistics)
Fergusson College, Pune