DIFFERENCE BETWEEN SOCIOLOGY OF LAW AND SOCIOLOGICAL JURISPRUDENCE

This rough draft is submitted in partial fulfillment of the project in “Sociology of law”for the
requirement of the degree of B.A. LL.B.(Hons.)

Submitted to:

Dr. Amit Jain (Assistant

Professor of Sociology)

Submitted by:

Ashish Ranjan (2721)

B.A. L.L.B (Hons.)

Semester: 2nd

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

FEBRUARY, 2023
 DIFFERENCE BETWEEN SOCIOLOGY OF LAW AND SOCIOLOGICAL JURISPRUDENCE

INTRODUCTION

Sociological jurisprudence, with the help of sociology of law, expanded the boundaries of
jurisprudence much further- so much so that the field is difficult to demarcate. There are innumerable
connections between law and society: every branch of human learning, from physics, chemistry and
medicine to philosophy, religion and psychology, produces knowledge about law and society.
Sociology borrows from all these fields, and sociological jurisprudence borrows from sociology.
Sociological jurisprudence is a method of studying law that combines the lawyer's view of the law,
technical knowledge of the law and insights produced by the sociology of law. The term' sociological
jurisprudence' was coined by its most famous proponent, Roscoe Pound. Sociological jurisprudence
stands for tested, probable and concrete legal solutions to pressing social problems and aspirations
which require urgent solution. Its orientation towards law is functional, pragmatic and realistic judging
law exclusively from its results, social consequences and effects upon society. It respect the traditional
idealistic, dogmatic or logical notion of law as dysfunctional, anti-social and a clog undermining social
harmony, social justice and social equilibrium. Sociological Jurisprudence is a functional or pragmatic
study of law applied to concrete socials and problems in order to make law as an effective instrument
of social control for realizing, securing and satisfying the varying interests which are pressing for
recognition, reconciliation and satisfaction at a particular period, place and society. Law in this sense
beside legislation include judicial decisions, administrative processes and is invariable faced with the
problem of recognition of competing claims, demands and interest which it is to balance and
compromise with innate objective of satisfying such interests which require urgent and immediate
solution. That is why sociological jurisprudence is usually described as functional jurisprudence or
jurisprudence of interest or jurisprudence of social engineering or experimental jurisprudence.
Sociology of Law is that part of sociology that seeks to understand the 'social reality' of law in all its
dimensions (Gurvitch 1947, 48). Sociology of law is a descriptive study of law, and legal institutions
of a community. It is a sociologist's empirical study of legal phenomena to understand and know the
growth, development and working of legal institutions. The term sociology of laws shows that it is
more attached the discipline of sociology in which law is one subsystem of it. Sociology of Law is the
study of the relationship which the legal system of a society has with its other subsystems. The bonds
of relationship between sociology and law are indeed deep and organic. Sociology deals with the study
of social relationships, values, norms and attitudes. Sociology of law provides tools and methods to
lawyers to proceed in a better way to realize and concretize their goals.
 DIFFERENCE BETWEEN SOCIOLOGY OF LAW AND SOCIOLOGICAL JURISPRUDENCE

RESEARCH OBJECTIVES
The aim of this project is to:

• Study difference between Sociology of law and sociological Jurisprudence

• Study some common links between them

HYPOTHESIS

The hypothesis of this project is to prove that Sociological jurisprudence and its related field
sociology of law together constitute an immense field of study, embracing all aspects of the
relations and interactions between law and society.

RESEARCH METHDOLOGY

In this project only ‘Secondary METHOD’ of research is used. The writer has referred only
library research, books, articles as well as some online datain making of this project.

SOURCES OF DATA

The sources of data used by the researcher are Secondary. The secondary sources include the field
work done by the researcher.

MODE OF CITATION

The researcher has hewn to the Blue Book Citation (20th edition) in thisproject report.

LIMITATIONS OF STUDY

The researcher had monetary and time limitations while completing thisproject. Many of the
doctrinal sources were beyond the access of the researcher too. Furthermore, the topic had little
scope of empirical studywhich added to limitation involved in the making of this project.

RESEARCH QUESTIONS

• What is Sociology of Law?

• What is sociological Jurisprudence?
• Difference between both?
 DIFFERENCE BETWEEN SOCIOLOGY OF LAW AND SOCIOLOGICAL JURISPRUDENCE

TENTATIVE CHAPTERISATION

• Introduction
• Sociological Jurisprudence
• Sociology of law
• Differences
• Jurist view
• Conclusion

BIBLIOGRAPHY

• Prof. Aggarwal, Nomita. Jurisprudence (Legal Theory).

• Central Law Publications, Allahabad, 2016.

• Subedee. Nutan Chandra.Sociology of Law: An Overview of Conceptual Framework.

• Nepal Law Review

DIFFERENCE BETWEEN SOCIOLOGY OF LAW AND SOCIOLOGICAL JURISPRUDENCE