Sociological Jurisprudence: A Reference of Functional Approach of Law

Abstract

Sociological school has three dimensions i.e. sociological jurisprudence, sociology of law and socio-legal research; the philosophy of Ihering and Roscoe Pound refers to sociological jurisprudence which is functional jurisprudence, the philosophy of Durkheim, Duguit, Ehrlich, Max Weber, Talcott Pearson and Selznick represent sociology of law which depicts interrelationship between and among various discipline and socio-legal research covers American Realism. Therefore, American Realism is the left wing of the sociological jurisprudence. For this school law is developed and repealed based on social necessity and interests. Balancing of interest, social engineering, social solidarity and effective settlement of social problems are the functions of law under this school of thought. It establishes relationship between and among law, society, technology, and accepted social culture. Functions of law in society are the primary concern of law not the enactment of law. So, law is society specific but not of authority’s choice.