2. SOCIOLOGICAL SCHOOL
RUDOLF VON IHERING
• Wisdom of law lay not so much in the logical refinement of concepts as in molding of
concepts to serve practical purpose.
• Man in society plays a double role:-
• As an individual
• As a member of society
• Both roles/characters has interests that either converge or conflict
• Convergence leads to cooperation resulting in commerce, family relations,
associations and State organizations
• Conflicts are met with adjustments or balancing of interests
• Law emerges out of a struggle in assertion of interests, as an instrument of coercion
3. ROSCO POUND
• Task of law as Social Engineering by which he meant balancing of competing interests
• Pound defines interests as claims or wants or desires or expectations which men assert de facto abut which the law
must do something if organized societies as to endure
• Legal Interest classified into
• Public interests- Interests of State such as maintenance of integrity of the nation
• Private interests
• Interests of individual such as interests of personality(privacy, reputation, freedom of will)
• Interests of domestic relations (Marriage, guardianship)
• Interests of substance (Right to property, freedom of contract)
• Social interests
• Social interests in general security
• Social interests in society of social institutions
• Social interests in general morals
• Social interests in conservation of general resources
• Social interests in general progress
• Accordingly social engineering as conceived by Pound replaces primacy of analytic logic by primacy of sociological
valuations.
4. CRITICAL LEGAL STUDIES(CLS)
• Critical Legal Studies(CLS) movement is a broad label of
variety of enterprises concerned with mainstream
traditions in jurisprudence.
• CLS highlights-
• A critique of the objective scientific method which
underlies traditional scholarship
• A claim that interpretative understanding must replace
positivism.
5. ROBERTO UNGER argues,
• Legal adjudication is purely arbitrary and used for political purposes to serve
the needs of the powerful and persuasive in the society.
• Establishment of a super liberal society within a programme of empowered
democracy
• Replacement of civil and political rights with super liberal rights:-
• Market rights- Rights employed for economic exchange in the trading sector of the
society
• Immunity rights- Rights which protect the individual Against oppression by the
concentration of public or private power and against the extremes of economic AND
CULTURAL DEPRIVATION
• Destabilisation rights- Rights which protect citizens interest in breaking open areas of
social practice that remain closed to destabilizing effects of ordinary conflict and
thereby sustain insulated hierarchies of power
