Difference between Sociology of Law & Sociological Jurisprudence

Saru Shrestha
Roll No: 8
LL.M 3rd Semester (Morning)
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.

Sociological Jurisprudence

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 social

situations 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

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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.

Nature of Sociological Jurisprudence

1. It is prescriptive study of law.

2. It is functional or pragmatic study of law.
3. It is applied to concrete social situation and problem.

Importance

1. It emphasizes to make law as an effective instrument of social control. The purpose of

social control is for Social harmony, Social Justice and Social equilibrium.
2. The major instruments which are measured social equilibrium are understanding,
cooperation secular behaviors, co-existence and interdependence.

Role of Sociological Jurisprudence

1. It cannot shut the eyes or disregards to the complex social problems.

2. It is guarantor of social reforms and peaceful change consistent with the principles of
humanity, equality and liberty.
3. It insists always social good and welfare.

Sociology of Law

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

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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.

Nature of Sociology of law

1. It is a descriptive study of law.

2. It is a study of legal institution.
3. It is a study of structure of such institution or legal institution.
4. It is empirical study of legal phenomena; which is based on adequate information of the
legal institution about gradual growth, working style and development.

Jurists view on Sociology of law

M.P Baumgartner asserts that sociology is the scientific study of social life and sociology of law
is accordingly the scientific study of legal behavior. Its mission is to predict and explain legal
variation of every kind including variation in which is defined as illegal hoe cases enter legal
systems and how cases are resolved.

Gurvitch considers sociology of law as part of the sociology of the human spirit which studies
the full social reality of law beginning its tangible and externally observable expressions in
effective collective behaviors and in the material basis. According to him legal sociology
envisages the quasi-infinite verities of the experiences of all societies and all groups describing
the concrete contents of each type of experiences and revealing the full reality of law which
patterns and symbols veil more than they express. All laws corresponds to respective societies in
terms of their fundamental character such as feudal, bourgeoisie, American, oriental, European,
trade union law and state law etc. He distinguished between the micro- physical and macro-
physical sociology of law for studying perpetual tensions and sharp conflicts.

According to Podgorecki, there are four functions of sociology of law that clarifies actual
meaning

1) The sociology of law aims at grasping law in its working.

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2) It is to provide expert advice for social engineering
3) The Sociology of law makes an attempt to shape its studies so as to make them useful for
practical applications.
4) Sociology of law struggles with reality.

Difference between Sociological jurisprudence and Sociology of Law

Sociological jurisprudence and Sociology of Law are very much discussed and
controversial terms between jurists and sociologist. Sociological jurisprudence and sociology of
law are two distinct and independent concepts. The major difference between the sociological
jurisprudence and sociology of law are as follows:

Sociological Jurisprudence Sociology of Law

1 An approach to law, merely a branch of science of Branch of sociology (Legal Sociology).
jurisprudence.
2 Functional or pragmatic or prescriptive study of Descriptive study of law is legal institutions of
law, applied to concrete social situations and a community. It is empirical study of legal
problems in order to make law as an effective phenomena to understand and know the
instrument of social control for realizing, securing growth, development and working of legal
and satisfying the varying interests which are institution. It is related sociological view on the
pressing for recognition, reconciliation and legal phenomena and free from prescription of
satisfaction at a particular period, place as law.
functional or jurisprudence of interests or
jurisprudence of social engineering or
experimental jurisprudence.
3 Law is as it is. ( How is function in society and It provides tools and methods to lawyers to
law is the means of social change or social proceed in a better way to realize and
control) concretize their goals.

4 An applied science used in the technical sense to It is a theoretical science of society with a slant
achieve desired ends. It is purely sociology. on law and legal institutions. It seeks to
discover natural laws of a scientific nature
concerning society in its relation to law.
5 It is a functional study. It is a behavioral study.

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6 It emphasis on law as primary and society as Its emphasis on law is secondary and society is
secondary. primary.

Reference
 Ratnapala, Suri. Jurisprudence. Cambridge University Press, New Delhi, 2009.
 Prof. Dhyani, S.N. Fundamentals of Jurisprudence- The Indian Approach. Central
Law Agency, Allahabad, 2019.
 Dr. Mukhia, Bal Bahadur. Comparative jurisprudence- Part-II. Heidel Press Pvt.
Ltd, Dillibazzar, 2015.
 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.