News By/Courtesy: G Kusuma | 21 Feb 2021 16:26pm IST

HIGHLIGHTS

  • Auguste Comte was the first person to use the word sociology
  • The sociological school emerged as a result of the synthesis of various juristic thoughts
  • The various jurists of sociological school are Montesquieu, Auguste Comte, Herbert Spencer, Ehrlich, Ihering, Duguit, Gierke, and Roscoe Pound

Auguste Comte was the first person to use the word sociology and is also known as the founder of sociology. The sociological school emerged as a result of the synthesis of various juristic thoughts. The exponents of the school treat law as a social phenomenon and study it in relation to society. The supporters of sociological jurisprudence linked law with other disciplines and it was considered as a combination of psychology, philosophy, economics, sociology, etc. According to the exponents of the sociological school, the law is a social function, an expression of human society where a jurist studies the abstract rights and the social purposes or interest which it serves. The various jurists of sociological school are Montesquieu, Auguste Comte, Herbert Spencer, Ehrlich, Ihering, Duguit, Gierke, and Roscoe Pound. But the most recognized are Ehrlich, Ihering, Gierke, Benjamin Carozo, Justice Holmes, Hauriou, and Roscoe Pound. 1. Ehrlich's views: the central point of Ehrlich's thesis is that the law of a community is to be found in social facts and not in formal sources of law. He emphasized that the essential body of legal rules is always based on the social facts of law. He says that there is no difference between formal legal norms and norms of customs or usages because the sanction behind both of them is the same. 2. Ihering's views: his system develops aspects of Austinian positivism and combines them with the principles of utilitarianism as established by Bentham and developed by Mill. He has also published a book named the spirit of the laws. He studied law as the result of constant struggle, to serve a social purpose and as not the only means to control social organisms. 3. Gierke's views: Gierke was a German who believed that the state has more powers than an individual; a similar view was adopted by Marxist countries like Russia, China, and Cuba, etc. 4. Roscoe Pound's views: Roscoe Pound stands pre-eminent among the other advocates of sociological school. He highlighted the functional aspect of law and brought down the theory of social engineering. Pound also classified the various interests which are to be protected by the law under three heads-Individual interest, Public interest, and Social interest. To India, the sociological school has much relevance in terms of the realization of the social and economic goals of the community. Law hence is that source which serves the needs of the society and also equally emphasizes on Individual interests. 

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, 5thVoice.News shall not be responsible for any errors caused due to human error or otherwise.

Section Editor: 5thVoice.News | 21 Feb 2021 21:28pm IST


Tags : #law #sociological school

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