SOCIOLOGY AND LAW

The expression 'sociological study of law' consists of two

concepts: 'sociology' and 'law'. ... It is stated that sociology of
law is the empirical social science whose object is SOCIAL
CONTROL. It is also noted that social control must be
investigated both as a dependent and as an independent variable.
Sociology of law consists of various approaches to the study of
law in society, which empirically examine and theorize the
interaction between law, legal, non-legal institutions and social
factors.
Areas of socio-legal inquiry include the social
development of legal institutions, forms of social control, legal
regulation, the interaction between legal cultures, the social
construction of legal issues, legal profession, and the relation
between law and social change.
 Social Control
Social control is simply a mechanism used by
the government which regulates the activities of
all individuals within any society, with law being a
perfect example.
The judicial system (courts) and law
enforcement agencies, such as the police or even
the military, are also used as forms of social
control as they are able to exert punishment
upon the populace if any law is broken
 Social Contract
The “Social Contract ”, popularly theorized by the
likes of Jean-Jacques Rousseau, John Locke,
Immanuel Kant and Thomas Hobbes, is a non-
physical “agreement”, so to speak, between the
government and its civilians which states that some
individual freedom has been sacrificed in exchange
for protection under the government.
This simply means that, to be a citizen of a
functioning state, you must sacrifice a part of your
own personal liberty and abide by their laws in
order to experience the benefits of being a fully-
fledged civilian.
 ANOMIE
 Too many laws which may paint a country as a dictatorial
regime or too little laws which may throw a country into
uncontrolled chaos. When this occurs, this is known as
“anomie”, key theory of sociologist Émile Durkheim.
 Anomie simply translates to “rebellion” as you become
estranged from a political system which either prevents you
from exercising too much of your remaining personal
freedom or one which does not permit you from walking
down the street without being mugged in broad daylight.
 No longer will you abide by the agencies of social control
and you will, non-physically, “rip up” the social contract. You
may refuse to listen to the police, you may begin to ignore
laws that you find completely unnecessary or even initiate a
rebellion to overthrow the government.
This generates unhappiness and dissatisfaction targeted at the
current social order
People will demand change in the most extreme
cases but, where there is only small traces of
anomie, certain marginalised people, such as
minorities or the disabled, may express their
own anomie.
Pound states that law is the most important
institution in exercising social control. Law has
gradually replaced the function of religion and
morality as an important instrument for achieving
social order.
 Law, as the mechanism of social control, is a major
function of the state and works through the application of
force which is carried out systematically and regularly by
the appointed agents to perform the function.

Roscoe Pound says that the natural law of every

period is essentially a "positive" natural law, the idealized
version of the positive law of a given time and place,
"naturalization" for the benefit of social control when the
forces established by an organized society are no longer
regarded as Adequate tools.
Pound acknowledges the vagueness of the three
meanings of the term law-
the law as a social rule
legal entity as an authoritative body
as well as law as a judicial process.

It defines the law with a primary function in the exercise

of social control: Law is a special form of social control,
exercised through a special body based on authoritative
teaching, and applied in legal and administrative context and
processes.
 Law as a Tool of Social Engineering

Roscoe Pound is the first jurist to analyze the

jurisprudence and methodology of social science.
Pound was one of the most leading and influential
jurists who developed American sociological
jurisprudence in a systematic form
Roscoe Pound also recognizes that another function of law is as
a means of social engineering.

" (That Law is a tool to renew or engineer society).

He argues that the legal system achieves the objectives of lawful
order by recognizing those interests, by defining the limits of
recognition of those interests and the rule of law developed and
applied by the judicial process having a positive impact and
carried on through authoritative procedures, also seeking to
respect Interests in accordance with recognized and established
boundaries.
 Pound led greater stress on functional aspect of law.
This is why his approach has been termed as
‘Functional School’ by some writers.
 He defined law as containing ‘the rules, principles,
concepts and standards of conduct and decision as
also the precepts and doctrines of professional rules
of art’. He thus considered law as a means of
developed technique and treat jurisprudence as a
social engineering.
 The end of law according to him, is to satisfy
maximum of wants with a minimum of friction or
confrontation.
 Pounds Theory of Social Engineering
According to him courts legislators,
administrators and jurists must work with a
plan and make an effort to maintain a balance
between the competing interest in society.
He enumerated the various interests which the
law should seek to protect and classified them into
broad categories.
1. Private interests.
2. Public interests.
3. Social interests.
 Private Interests
(a)Individuals interests of personality, namely, interests of
physical integrity, reputation, freedom of violation and
freedom of conscience. They are safeguarded by laws
of crimes, contracts, torts (wrongful acts),
constitutional laws etc.
(b)The interests of domestic relations of persons such
as husband and wife, parents and children, marital life
as also the individuals private interests.
(c)The interests of property, succession, testamentary
disposition, freedom of contractual relations,
associations etc. are also included in the category of
private interests.
Public Interests
 The main public interests according to
Roscoe Pound are :
 (a) Interests in the preservation of the
state as such; and
 (b) State as a guardian of social interests
such as administration of trusts, charitable
endowments, protection of natural
environment, territorial waters, seashores,
regulation of public employment and so
on.
 Social Interests
The Social Interests which need legal protection are:
(a)Interests in the preservation of peace, general
health, security of transaction etc.
(b)Preserving social institutions such as religion,
political and economic institutions etc.
(c)Interests preserving general morals by prohibiting
transactions which are against morality such as
prostitution, drunkenness, gambling etc.

Continue ,,,,
(d)Interests in conservation of social resources, eg. Natural
resources, reformation of delinquents, protection of
economically weaker sections of the society.

(e)Social Interests in general progress including economic,

political and cultural progress. For eg. Freedom of trade
and commerce, freedom of speech and expression,
encouragement of arts and promotion of higher education
etc.
(f)Interests which promote human personality by enabling a
person to live political, physical, cultural, social and
economic life to suit his taste and improve his personality.
To Conclude
 Pounds classification of interests in his theory can not
be said to be fool-proof for their may be overlapping
of interest here and there. Pound himself accepted
that various interests of individuals in a society can
only be broadly classified and they cannot be placed
in water tight compartments.
 Pound tackled the problem of interests in terms of
balancing of individual and social interests. It is
through the instrumentality of law that these
interests are sought to be balanced.
As Justice Cardozo rightly remarked
“ Pound attempted to emphasize the need for
judicial awareness of the social values and
interests.”
Pounds Contribution to Jurisprudence
Roscoe Pound based his theory of social
engineering on the assumption that protection of
interests is the main subject matter of law and it
is the duty of jurist to make a “valuation of these
interests” for the satisfaction of human bonds in order
to strike a balance between stability and social
change.
Thus adopting a functional approach to law, Pounds
stressed upon the need for study of law in relation to
and as a part of the whole process of social control.
Doctrine- a belief (or system of beliefs)
accepted as authoritative by some group or
school.
Doctrine -means a belief or set of beliefs. The idea that
a man named Jesus was the son of God is part of
the Christian doctrine.
is the legal act or process by which a non-citizen in a
country may acquire citizenship or nationality of
that country. It may be done by a statute, without
any effort on the part of the individual, or it may
involve an application and approval by legal
authorities.
Naturalization - is the legal act or process
by which a non-citizen in a country may
acquire citizenship or nationality of that
country. It may be done by a statute,
without any effort on the part of the
individual, or it may involve an application
and approval by legal authorities.
-The process by which a foreign citizen
becomes a citizen of a new country.