Sociological

School by
Roscoe Pound.
Aparna Dileep
BBA LLB.
 Introduction
In the early days, rules and laws arose out of a single
custom that governed society. It only had social sanction.
Then came the supremacy of kings and priests. Then, after
revolutions and changes, a balance between individual
interests and social welfare was achieved.

The main subject of sociology is society. Sociology is the

study of society, human behavior, and social change. And
jurisprudence is the study of law and the legal side of
things. Sociologists believe that law and society are
related. This school of thought argues that law is a social
phenomenon because it has a great impact on society.

Auguste Comte (1798-1857) was a French philosopher.

The term "sociology" was first used by Comte, who
described sociology as the positive science of social facts.
He said society is like an organism and can progress if
guided by scientific principles. Therefore, he makes great
efforts to use law as an instrument for the maintenance
and development of human society.
 Meaning of Sociological school
of Jurisprudence

The idea of ​sociology is to establish the relationship

between law and society.
This school put more
emphasis on the legal perspective of all problems and
changes that occur in society. Law is a social
phenomenon, and law has a direct or indirect
relationship with society. The sociological school of law
focuses on balancing national and individual well-being.

According to Ehrlich, "Today, more than ever, the focus

of legal development is on legislation, not on legal
decisions, but on society itself." Examine the
relationship with Every problem or concept has two
distinct sides. From a sociological point of view on the
one hand, and from a legal point of view on the other.
Sati for example.
 Roscoe Pound

Roscoe Pound (1870-1964)

Pound was an American jurist. In his view, laws should be studied as they
actually work, not as they are written in books.

Social Engineering Theory

Roscoe Pound published a social engineering theory comparing lawyers and
engineers. Engineers must use their engineering skills to create new products.
Similarly, social engineers must construct social structures that provide
maximum happiness and minimum friction.

According to Pound, “law is the social engineering of balancing competing

interests in society,” using applied science to solve individual and social
problems.

Social engineering is the reconciliation of conflicting interests of individuals and

nations with the help of law. Law is the set of knowledge on which most social
engineering takes place. Law is used to resolve conflicting interests and
problems in society.

He said that he believed that everyone has their own personal interests, which
trump all others. The purpose of law is to balance the interests of the people. For
example, Article 19 of the Indian Constitution provides for the "Right of Speech
and Expression", while the states limit this right. And the law comes into play
when conflict arises between individual rights and state restrictions. and resolve
conflicts of interest.
 Interest Theory
Roscoe Pound mentions three types of interest in his interest
theory. To avoid overlapping interests, he set boundaries and
separated types of interests.

Personal Interests
Claims or demands in terms of personal life, consist of
personal interests, interests in domestic relationships, and
material interests in terms of political life. To use what is
publicly available. Concern for State Maintenance

Social Concern
These are demands or demands related to social life, meaning
meeting all the needs of society as a whole for its proper
functioning and maintenance. Interest in maintaining general
peace, health, security of trade, and maintaining social
institutions such as religion, politics, and the economy
 Roscoe Pound's legal postulates.
Roscoe Pound referred to five legal postulates and said that the interests referred
to in these legal presuppositions should be protected and fostered.

Criminal
Protection benefits from deliberate attacks. Examples: assault, unjust restraint,
batteries, etc. Farmland, music, art, etc.

Law of Patent
An interest of securing his own created property by his own labour and hard work.
E.g. agricultural land, any music or artistic things.

Contracts
Interest in entering into contracts and obtaining reasonable remedies or
compensation if their rights are violated.

Torts
Protection against Defamation and unreasonable injury caused by the negligent
act of another person.

Strict Liability
Similarly, in the case of Ryland Vs. Fletcher, it protects our interests when the
injury is caused by someone else's property. It is the duty of others to keep their
belongings within their bounds, and they should pay attention to this issue to avoid
injury to others
 Conclusion

In order to keep society in balance, it must follow what is

best for society at the time, and not follow a single school of
thought, but keep changing its interpretation according to
facts and scenarios. About the school of positivist thought.

There are both good and bad sides to the sociological school
of law, which is why we now see more and more use of this
school of law in the judiciary of the United States and the
European Union, and even the judiciary of India. I
understand. The purpose of 3 Tier/Pillar governance has
changed, judiciary enacting instead of legislative enactment,
causing confusion and conflict within its own system.

On the other hand, however, we have seen laws such as

Article 377 of the IPC declared unconstitutional, and many
such draconian laws scrapped in favor of this idea. So while
this idea is very successful, it can't be overused every time.