Sociological Jurisprudence and Sociology of Law

1819 Words Apr 30th, 2013 8 Pages
Sociological Jurisprudence and Sociology of Law

Roscoe Pound (l87O—1964) was the first jurist to make the social dimensions of law, a central concern of Anglo-American jurisprudence. He was by no means the originator of the sociological tradition in law, which in fact commenced in Germany and France. Pound’s achievement was to combine thoroughgoing technical study of the law in all its aspects with the insights and methods developed by sociologists of law. He called this branch of study sociological jurisprudence, to distinguish it from sociology of law. However, sociological Jurisprudence, as the name suggests draws inspiration, ideas and methods from sociology of law.

Sociology

The study of society is as old as philosophy. Political
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The term ‘sociological jurisprudence’ was coined by its most famous proponent, Roscoe Pound, who is also known as Dean Pound because of his extraordinarily long tenure as the Dean of the Harvard Law School. The sociologist of law approaches law from the viewpoint of society and its diverse forms of social control.

The law, and moves towards sociology in search of ways to improve the capacity of law to serve the ends of society. The meeting point according to the sociologist is the sociology of law, but according to Pound it is sociological jurisprudence Pound explains the role of the sociological jurist:

He holds that legal institutions and doctrines are instruments of a specialised form of social control, capable of being improved with reference to their ends by conscious, intelligent effort. He thinks of a process of social engineering, which in one way or, another is a problem of all the social sciences. In sociological jurisprudence it is a special problem of achieving this engineering task by means of the legal order ... It is treated as &problem of jurisprudence, and yet in its larger aspects as not merely a problem of that science. Law in all its senses is studied as a specialized phase of what in a larger view is a science of society. (1943, 20)

Emile Durkheim (1858—1917) is considered to be one
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