Sociological School Of Jurisprudence

Question 1

Idea

Answer 1

Core Theme:
Focuses on the relationship between law and society.
Law is seen as a social institution, shaped by societal needs, conditions, customs, and relationships.
It prioritizes functionality, utility, and social welfare, rather than abstract legal doctrines

Question 2

Idea

Answer 2

Core Theme:
Focuses on the relationship between law and society.
Law is seen as a social institution, shaped by societal needs, conditions, customs, and relationships.
It prioritizes functionality, utility, and social welfare, rather than abstract legal doctrines

Question 3

Auguste Comte (1798–1857)

Answer 3

Known as: Father of Sociology and Founder of Sociological School of Law
Main Theory: Positivism in Society → Scientific Study of Social Order
🔍 Key Contributions:
Advocated for the “Positive Method”—law should be studied scientifically like physical sciences.
Introduced the concept of “social facts” — real behaviors, norms, and institutions that influence human conduct.
Believed that society evolves in stages (Theological → Metaphysical → Positive/Scientific), and law must adapt accordingly.
Saw law as a tool to regulate society based on empirical observations, not abstract concepts.
🧠 Mnemonic:
“Comte = Common Facts” → Society is governed by observable social facts, not ideals.
🪄 Memory Hook:
Imagine Comte with a telescope, observing society like a scientist, writing laws based on how real people

Question 4

Eugen Ehrlich (1862–1922)

Answer 4

Known as: Father of Sociology of Law
Main Theory: “Living Law” vs “State Law”
🔍 Key Contributions:
Differentiated between:
State Law = Codified legal rules enacted by the government.
Living Law = Rules that govern social life in reality—customs, traditions, contracts, community practices.
Argued that “Living Law” has more impact on society than formal law.
Believed that legal studies should focus on how people actually behave, not just on legal texts.
🧠 Mnemonic:
“Ehrlich = Everyday Law” → Law is lived in daily routines, not just courtrooms.
🪄 Memory Hook:
Visualize Ehrlich walking through a marketplace, observing people trading without written contracts—custom is law.

Question 5

Roscoe Pound (1870–1964

Answer 5

Known as: Architect of “Law as a Tool for Social Engineering”
Main Theory: Law as Social Engineering
🔍 Key Contributions:
Saw law as a means to balance competing social interests.
Proposed that law should be proactive and reformative, shaping society like an engineer designs a bridge.
Classified interests into:
Individual interests (e.g., property, reputation)
Public interests (e.g., health, safety)
Social interests (e.g., justice, welfare)
Legal system must weigh and balance these interests to maintain societal harmony.
🧠 Mnemonic:
“Pound Engineers Peace” → Law is like a machine that manages social balance.
🪄 Memory Hook:
Imagine Roscoe Pound with blueprints, building a bridge labeled “Justice,” connecting conflicting interests across society.

Question 6

Leon Duguit (1859–1928

Answer 6

own as: Proponent of Social Solidarity
Main Theory: Law is Based on Social Interdependence
🔍 Key Contributions:
Rejected sovereignty of the state; argued that state must serve society, not dominate it.
Emphasized “Social Solidarity”: people are interdependent, and law must promote cooperation.
Said that legal rules are valid only when they promote social welfare, not just state interest.
Believed in a functional view of law: it should enable people to fulfill their social roles.
🧠 Mnemonic:
“Duguit = Duty to Society” → Law is valid only if it serves and unites society.
🪄 Memory Hook:
Imagine Duguit in a circle of people holding hands—law is the glue binding them in solidarity.

Question 7

Rudolf von Jhering (1818–1892

Answer 7

Known as: Propounder of Law as a Product of Struggle
Main Theory: Law is a Means to Social Purpose
🔍 Key Contributions:
Argued that law evolves through conflict—a constant struggle to protect social interests.
Saw law not as an end in itself, but a tool to achieve social aims and enforce collective morality.
Emphasized purposeful law (Zweck in German)—law must serve a goal rooted in utility and social function.
Believed in active participation of citizens in shaping and enforcing the law.
🧠 Mnemonic:
“Jhering = Justice through Fight” → Law is forged through struggles and conflicts.
🪄 Memory Hook:
Visualize Jhering as a blacksmith clashing swords labeled “Purpose” and “Conflict” to forge the sword of law