Sociological School

Auguste Comte(1786-1857)-He was the

first to use the term Sociology.
French philosopher
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.
Law as an instrument of social progress

Duguit(1859-1928)
Duguit was a Professor of Constitutional
Law in the University of Bordeaux in France.
Principle of Social Solidarity
There are diverse needs of individuals which
are satisfied by the exchange of services.
Division of labour-against the arbitrary
actions
All human activity and organization should
be directed to the end of ensuring the
harmonious working man with man.

Social Solidarity
Social Solidarity is the touchstone of
juding the activities of individuals and
all organizations.
Favour of strong checks on the abuse
of
State
power
through
the
establishment of the strict principles
of State responsibility.
State
is
sovereign,
but
such
sovereignty has its limits.
Law which does not stand the test of
social solidarity is not a valid law.

Duguit
Law is a spontaneous product of
individual consciousness, inspired at
the same time by social necessity .
No distinction between private and
public law. Both must serve the same
end of social solidarity.
The essence of Law is duty
Interdependence of man is a fact,
social solidarity "is an idea.

Roscoe Pound(18701964)
Dean in Harvard Law School
Most influential proponent of the
American
Sociological
jurisprudence
Law as a social institution
created and designed to satisfy
human(individual
and
social)
wants.
Society should be the focal point
of law

Social Engineering
Social engineering means a balance
between the competing interests in
society.
Private ,Public and Social interests
Private interestThe individuals interest of personalitythese include his reputation, freedom of
conscience,
physical
security,health,privacy,belief and opinions
Individuals
interests
in
domestic
relations
marriage,maintenance,parents
and child relationship etc.

Social Engineering
Interest
of
substance

proprietary rights, inheritance

rights