2. Introduction
• Historical School explained law in terms of ‘social context’ and
accordingly in a way laid down the foundation of sociological
jurisprudence.
• It established a relationship between law and society.
• Law was understood as a ‘social phenomenon’ and believed to
have some direct or indirect relation to society.
• Sociological jurisprudence emerged as a result of shift in
ideology of the State from ‘Laissez-faire’ to ‘Welfare State’.
3. • Laissez-faire’ means the policy of minimum governmental interference
in the economic affairs of individuals and society.
• It offered unrestricted freedom to the people by the government in
the economic matters.
• Situation of ‘ free market economy’.
• This resulted in predominance of individual interest rather than
general interest or interest of the welfare of the State.
• Sociological School of Jurisprudence studies the relationship between
the law and sociology. Every problem or concept has two different
aspects. One is sociological view and other is a legal aspect. For
example Sati.
4. Legal and Sociological aspect of Sati
Sati was the ancient Indian practice of burning the widow on her
husband’s funeral pyre.
The legal aspect:
Sati Pratha was first abolished in Calcutta in 1798. A territory that fell
under the British jurisdiction. A ban on Sati was imposed in 1829 in
the British territories in India. In today’s time, the practice of Sati is
banned under the Prevention Of Sati Act (1987) which makes it illegal
to force or encourage anyone to commit Sati.
The sociological aspect
In today’s era of escalating feminism and focus on equality and
human rights, it is difficult and amiss to digest the ruthless Hindu
practice of Sati. Indeed, the practice is outlawed and illegal in today’s
India.
5. Highlights of Sociological Jurisprudence
• law is not unique but only one of the social control norms;
• the socio-economic problem of the present time cannot be solved by means of
the existing laws;
• laws in the books and statutes containing formal rules, legislations and
expositions of particular subjects is not where the real law in society is to be
found;
• law is not an absolute and static body of rules in themselves but are relative to
time, place and society;
• there is a concept of ‘social justice’.
7. Duguit’s Belief
• There are two kinds of needs men in society:-
-common needs of individuals which are satisfied by mutual
assistance.
-diverse needs of individuals which are satisfied by the
exchange of services.
• Therefore, realization of social fact of inter-dependence of
individuals could replace ideological quarrels between
individuals.
• This lead to the concept of ‘ social solidarity’.
8. Social Solidarity
• Social Solidarity is the feeling of oneness.
• The term ‘Social Solidarity represents the strength, cohesiveness, collective
consciousness and viability of the society.’
• Duguit explained Social Solidarity as the interdependence of men on his other
fellow men. No one can survive without the depending on other men.
• Hence the social interdependence and cooperation are very important for
human existence.
• The objective of the law is to promote Social solidarity between individuals.
That law is bad law which does not promote social solidarity. No distinction
between private and public law. Both are to serve the same end i.e., social
solidarity.
