Juurisprudence: The Sociological School Of Law

The exponent of sociological school of jurisprudence considered law as a social phenomenon. The school is principally involved with the connection of law to alternative up to date social establishments. They insist that the jurists ought to focus their attention on social functions and interest served by law instead of on people and their abstract rights.
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. Likewise child spanking is also use as an instrument of social progress. Sociological jurisprudence is a functional study of law applied to concrete social problems in order to make law an effective instrument of social control for harmonising

He treated law as a means for affecting social control and did not believe in the father of American Sociological Jurisprudence for his unique contribution to the science of law and legal philosophy. Thus the evolution of civilization toward a higher state is inevitable . The two-fold purpose of law is to maintain the existing values of civilization and to carry forward human development; therefore law must adapt itself to the tasks of the time and place to perform its proper function of furthering this ideal. Dean Pound was considerably influenced by the Comtian sociologist Lester F. Ward. Ward's description of animated nature as burning with desires and desire itself as the dynamic agent in society furnished a foundation for a theory of interests. There can be no ultimate test as to which claims are to be preferred except through experience. One will vote always for the richer universe," for the good which seems "most apt to be a member of the more inclusive whole." The sociological jurists propose to study law in action on the basis of the hypothesis that the law in action bears some significant relationship to law in the books, and to proceed then to ascertain in what respects the hypothesis is or is not substantiated and requires qualification. Pound defines jurisprudence as the science of law. But this is more than an organizing of a body of legal precepts . There are three things to consider: the administration of justice, the legal order, and law. Mechanical application is wise social engineering only in matters of property and commercial law, the economic forms of the social interest in the general security of acquisitions and transactions where mechanical application of fixed, detailed rules or rigid deductions from fixed conceptions makes for certainty and predictability in industrial and commercial undertakings of economically organized