What is the Sociological School of Jurisprudence?

The Sociological School is a way of thinking about law that focuses on society and people. Instead of seeing law as just rules written in books, this school says that law should be connected to the needs of society. Laws are made for people, so they should help society grow, stay peaceful, and solve real problems.

What sets apart the sociological school from other schools of law is that this is the first time in the field of jurisprudence that law was thought of as a result of culture in society and a tool for societal change. This stands in contrast with other schools which discuss law as merely a set of rules for society to abide by.

Key Ideas of the Sociological School

1. Law is for Society - Law is not just about rules; it's about helping people live together in a fair way. It should protect people and help them live good lives.
2. Law Changes with Society - As society changes, laws should also change. What worked 100 years ago may not work today because society's needs are different.
3. Law and Morals are Connected - Law should be connected to what people think is right and wrong. If a law is unfair, society might reject it.
4. Law Helps Solve Social Problems - Laws should address problems like poverty, crime, inequality, and discrimination.

Key Concepts of the Sociological School

1. Function over Theory - Emerging after a time when law was governed purely by the sovereign and was regarded as the morally correct guide to human conduct, the sociological school doesn't concern itself with aligning its morals with the sovereign or the church but rather aims to be pragmatic in its approach and be applicable and useful for day-to-day lives of the people.
2. Complex Purpose - Determined to understand the relationship between law and society, the sociological school of law studies the impact of legal rules on people’s lives and was created with the aim of shaping human behaviour for the better.
3. Multi-faceted Effect - Sociological school not only aims to bring about societal change and progress but it also brings a shift in our understanding of what legal matters are and how they should be.
4. Tool for Change - No other school of law plays as big a role for social change as the sociological school of law. It creates a need for social change at its core and enables change by way of application of its principles.

Key Elements of the Sociological School

1. Laissez-faire - The sociological thinkers were concerned with the rise of individualism brought on by industrialism in the 20th century. They believed this laissez-faire (least interference) form of governance was not beneficial for society in the long term. Hence, they proposed a new integrated approach with the sociological school of law.
2. Social Structure - Sociological school lays emphasis on the distribution of wealth, power, and privilege among society and the role this manner of distribution plays in the prevalence of crime and upholding of law.
3. Social Institution - Sociological school regards law as an institution and functional product of society. It is a result of and contributes to the current trends and culture of the community.
4. Interests (personal, state, and public) - “Ihering and Pound both spoke about how there are multiple interacting interests in society. Ihering put forth that the aim of law as an institution should be to strike a balance between all these often conflicting interests. The sociological school of law began as a way to call for more attention towards public interests.”
5. Methodology - “As this school works closely with the discipline of sociology, research methods such as statistical analyses, surveys, observations are used to study patterns, identify variations and understand variables in different legal societies and systems.”

Jurists of Sociological School of Law

1. August Comte (1798–1857)

Contribution: Known as the Father of Sociology, August Comte laid the foundation for understanding society in a scientific way. “His main contribution in sociology was the theory of positivism, in which he establishes that society progresses through well-defined stages. These stages are the theological stage, the metaphysical stage, and the positive stage. Through these stages, humanity progresses from superstition and belief in divine will to scientific knowledge that allows one to know the truth.”

Beliefs:

• He believed law must be studied in connection with society.
• Law is not an isolated set of rules but is deeply linked with social needs and progress.
• He introduced the idea that society evolves, and hence, laws must evolve to match social development.

Importance: His views emphasize that law should keep pace with social development and changes.

2. Herbert Spencer (1820–1903)

Contribution: Developed the theory of Social Darwinism, applying the idea of "survival of the fittest" to societies and legal systems.

Beliefs:

• Society evolves from simple to complex, and laws should adapt to this evolution.
• Law should help in maintaining social order and justice, according to the changing structure of society.
• He believed that minimum interference of the state is better — laws should not hinder social evolution.

Importance: His work highlights that law must align with natural social progress and should not be static.

3. Eugen Ehrlich (1862–1922)

Contribution: Known for his concept of "Living Law".

Beliefs:

• Living law means the law that actually governs people's behavior in society, whether or not it is written in official books.
• Law is found in social customs, traditions, and daily interactions, not just in statutes.
• He argued that legal development starts from society itself, and formal law is only a reflection of that.

Importance: Ehrlich's theory focuses on practical law — the law that people actually follow, making the connection between society and law very strong.

4. Leon Duguit (1859–1928)

Contribution: Developed the concept of social solidarity and emphasized duty over rights.

Beliefs:

• Society functions through interdependence and cooperation; therefore, law should promote these principles.
• Law is not just about protecting individual rights but about ensuring duties toward others to maintain social order.
• Law is based on social needs, not on the will of the sovereign.

Importance: Duguit focused on how law maintains social balance and solidarity, and how duties are essential for society's well-being.

These jurists made significant contributions to the Sociological School of Law by highlighting that:

• Law is connected to society.
• Law must change and grow with social changes.
• Law is not just about rules but about meeting the real needs of people.
• Law should promote social welfare, justice, and cooperation.

The Sociological School, thus, makes law a living, breathing part of society, helping in social development and change.

Critiques of the Sociological School

1. Compromise of Individual Interests- Since the sociological school of law promotes understanding law as a function of society, it can often fail to accommodate individual interests and literal interpretation of the school can lead to personal interests being ignored.
2. Overlapping with Multiple Fields- A common criticism that the sociological school of law often faces is that it lacks clear boundaries and requires the understanding of many social sciences such as sociology, anthropology, and even psychology. This makes it a challenge to distinguish it from other approaches and limits its practical applicability.
3. Subjectivity of Social Norms- “Different groups in society might support or condemn different actions according to their beliefs and values. The law that sociological school proposes does not help much in a multi-cultural and diverse society as law needs to be objective and not subjective to maintain equality and social justice.”
4. Obstacles to Social Change- The definition of the sociological school of law leaves little room for addressing any inequalities or injustices in the system. It promotes social change not by legislation but by observation of societal changes. In this sense, it can be quite conservative and make it challenging to bring about meaningful social change.

Relevance to Indian Society Today

1. Constitution is a Living Document- This phrase validates all main postulates about sociological theory. It affirms that law as a social institution must keep evolving according to the needs of society.
2. Laws for Protection Against Cyber-crime- A long time ago, there were no laws about this because the internet didn't exist. But now, since it's a big problem, laws are made to stop it and protect people. This is what the Sociological School supports — making laws that solve today's problems.

In today’s world of globalization in terms of culture as well as economy, if lawmakers want it to remain functional and relevant, they must update themselves with class inequalities, identity politics, and digital breakthroughs that are prevalent in our society.

They must recognize that society is no longer static but is constantly evolving with new challenges and opportunities. Issues such as data privacy, cybercrime, artificial intelligence, and environmental degradation require modern legal frameworks that address these concerns effectively. Moreover, growing awareness around gender rights, LGBTQ+ rights, and marginalized communities’ representation demands that law-making becomes inclusive and sensitive to diverse social realities. Economic globalization has also led to complex issues like cross-border transactions, multinational corporate regulations, and labour rights that require updated legal responses. If the law fails to adapt to these shifts, it risks becoming outdated and incapable of delivering justice. Therefore, it is essential that lawmakers adopt a dynamic and pragmatic approach, drawing from the principles of the sociological school, to ensure that law continues to serve the people and promote social welfare.

.    .    .