This document summarizes key aspects of the sociological school of law according to Duguit and criticisms of his theory. It also summarizes the views of Justice Holmes and Roscoe Pound. Duguit's theory was based on the interdependence of people in society, known as "social solidarity." He believed law exists to safeguard this interdependence. His theory was criticized for being vague and giving judges too much power. Justice Holmes viewed law as protecting collective rather than individual interests based on experience. Roscoe Pound focused on the functional aspect of law and balancing competing interests in society to satisfy wants with minimal friction. He categorized private and public/social interests that law aims to protect.

1. Module I
Sociological School of Law

2. Duguit
• The Study of law in relation with society is known as
sociological school
• The theory of Duguit is based on interdependence of men
in society which is known as “Social solidarity”.
• To procure and to manufacture necessities of life men
depend upon society.
• Functions to behave in the society are also dependable
upon each other.
• The end or the result of all human activities and
organization is is to ensure interdependence of men
which is social solidarity or theory of social fact which
means men should live together as formation of law is
very essential for community life.
• The aim is to safeguard interdependence or to fulfill all
necessities and till this end is not achieved aim of the
law is not fulfilled.

3. Criticism
• Duguit was against State sovereignty. He think it is the will of
the people that who will govern them. So state is also under a
duty to ensure ‘social solidarity’.
• No difference between public law and private law because it will
elevate power of State above the rest of the society.
• His principle social solidarity itself a natural law ideal.
• Social solidarity is vague because judges will decide whether an
‘Act’ or ‘Rule’ is furthering social solidarity which is very
dangerous for the judicial system as judges have their known
limitation.
• His law confuses with natural law theories because if law does
not further ‘social solidarity’ then it is no law at all.
• Though Duguit emphasis of interdependence in society but his
theory does not perform well due to minimum interference of
state because in modern times social problems of modern
community can be solved better by state activity.

4. Justice Holmes (1841-
1935)
• Justice Holmes considered law as a means to protect
and promote the collective group interests as compared
with individual interests. He aptly remarked “ life of law
has not been logic, it has been experience” which means
that while determining the law and legal rules by which
men should be governed, the lawyers and judges must
take into consideration the needs of the time, prevalent
moral and political percepts, public policy and public
opinion. Being a judge ‘he was convinced that judges play
a significant role in “turning law to life’s needs and
satisfaction.” According to Prof. Albert Holmes not
believe in divinely imposed distinction between right and
wrong. He believed in relativity in all human conduct.
According to him, law does not deal with absolutes but
has to be applied according to varying circumstances of
the case and a variety of other factors associated with it.

5. Roscoe Pound
• Roscoe Pound concentrates more on
functional aspect of law. So his approach
may also be known as functional approach.
• According to him “The end of law should
be to satisfy a maximum of wants with a
minimum of friction.”
• He has given a theory of ‘Social
engineering’ which means a balance
between the competing interests in
society.
• He thinks that jurist should work with a
plan and accordingly various interests of
society should be protected by law.

6. Roscoe Pound
• He says jurists must study the actual
social effects of legal institution and
legal doctrines, study the means of
making legal rules effective,
sociological study in preparation of
law making, study of judicial
method, study sociological legal
history and the importance of
reasonable and just solutions of
individual cases.

7. Roscoe Pound
• The interest has been classified into two
categories :
(i) Private Interests – which are as follows :
I. Interests of personality – Physical
integrity, reputation, freedom of violation
and freedom of conscience. For eg: law
of Torts, law of Contracts, Criminal law.
II. Interest of domestic relations – Marriage,
parents and children, maintenance.
III. Interest of substance – Inheritance,
occupational freedom, property.

8. Roscoe Pound
• Public Interests are also known social interests. They
are divided into following categories :
(i) Engineering ignores importance of law and it is
dangerous for individual freedom.
(ii) This word social engineering is used to indicate the
problem that law faces, the objectives that have to be
fulfill and the method which it will adopt for the
purpose of interest.
(iii) No ideal scale of values with reference to interest.
(iv) By the word’ engineering’ no balance has been made
bwteen social needs and interests. Only this theory
simply recognizes or approves it.
(v) Classification of interest is not useful. Since the social
interests always change with the society and to put
them into specific order then they will lose their
character and importance.