@ unacademy The Sociological SchoolW unacademy Nitin Gaurav =" Srivastava Graduated from National Law University, Jodhpur a Batch of 2015 -com/user/nitin.gauray'Y unacademy * Sociological Jurisprudence has pointed law towards social justice and has assumed that law must seek to attain certain ends. What it needs is: * 1) Philosophy which will explain its method and furnish it with a rationale, and * 2) One which will provide the sociological jurist with tools and show him how to use them by furnishing him with some scale of values by which he can weigh through the experimental flux of the same legal order.' unacademy * The sociological school devotes its altercation not to the ethical content and aim of law but to the actual circumstances which give rise to legal institutions and which conditions their scope and operation. * The sociological school of jurisprudence has emerged as a result of synthesis of various juristic thought. The exponent of this school considered law as a social phenomenon. They emphasis that the jurist should focus their attention on social purpose and interest served by law rather than on individuals and their abstract rights. * According to this school, the essential characteristics of law should be to represent common interaction of men in social groups, whether past or present, ancient or modern.'Y unacademy * The main characteristic features of sociological jurisprudence stated by Roscoe Pound are as follows:- * 1) The exponents of sociological school lay greater stress on functional aspect of law rather than its abstract content. * 2) They consider law as a social institution essentially inter- linked with other disciplines bearing direct impact on the society and upheld the view that law is designed on the basis of human experience in order to meet the needs of the society'Y unacademy * 3) Sociological School completely discard the abstract notion of analytical positivism which lay over-emphasis on command or power aspect of law as also the dead weight of past cultures and tradition which constituted the main themes of the historical jurisprudence. * 4) Sociological Jurists differ in their approach to the perception of law. Some prefer to adopt a pragmatic empirical recourse to study the functional aspect of law while others emphasis on defining law in terms of Court’s rulings-and-decisions thus-adopting-a-realistic-approach-to- law.'Y unacademy Auguste Comte * The honour of being the founder of the science of sociology belongs to Auguste Compte, a French philosopher. According to him the legitimate object of scientific study is society itself and not any particular institution or government. * According to Comte, society is like an organism and it can progress when it is guided by scientific principles which should be formulated by observation and experience of facts excluding all metaphysical and similar other considerations. He applied scientific method to the study of sociology.'Y unacademy Montesquieu * Montesquieu was the forerunner of the sociological method in Jurisprudence. He was the first to recognize and take account of the influence of the sociological conditions on the legal process. In the spirit of law's, Montesquieu wrote that law should be determined by the characteristics of a nation so that “ they should be in relation to the climate of each country, to the quality of each soil, to its situation and extent, to the principle occupations of the natives. They should have relation to the degree of liberty which the Constitution will bear, to the religion of the inhabitants, to their inclinations, riches, numbers, commerce, manners and customs.W unacademy Duguit’s Principles of Social Solidarity