In addition, these social conditions give rise to legal institutions that often facilitate dispute resolution functions. This law also affirms and firmly believes that: abhishekbhatti.wixsite.com/website/post/ihering-s-theory-of-sociological-school-of-law-5 More than often, the sociology of law benefits from research in other fields such as comparative law, critical jurisprudence, jurisprudence, legal theory, law and economics, law and literature. Its subject and that of jurisprudence, which focuses on institutional issues conditioned by social and political situations, converge – for example, in the interdisciplinary fields of criminology and economic analysis of law – and contribute to broadening the power of legal norms, but also to making their effects a scientific concern. [8] [9] Sati Pratha was first abolished in Calcutta in 1798. An area that was under British jurisdiction. A ban on sati was imposed in the British territories in India in 1829. In modern times, the practice of Sati is prohibited by the Prevention of Sati Act (1987), which makes it illegal to force or encourage anyone to commit Sati. Theodor Geiger developed a narrow analysis of Marxist legal theory. He stressed how the law becomes a “factor of social transformation in democratic societies, as determined by the consent exercised periodically by the universal suffrage of the population”. [26] Geiger developed the salient features of his anti-metaphysical thinking until he surpassed it with practical nihilism. Geiger`s nihilism of values paved the way for a form of legal nihilism that promotes the construction of a sober democracy “capable of raising conflict to the intellectual level and numbing feelings, conscious of its own inability to proclaim value, ethics, or politics about the nature of truth.” [27] Georges Gurvitch is interested in the fusion of the simultaneous manifestation of law into different forms and at different levels of social interaction. Its objective was to develop the term “social law” as a law of integration and cooperation.
[28] Gurvitch`s social law was an integral part of his general sociology. “It is also one of the first sociological contributions to the theory of legal pluralism, as it challenged all legal conceptions based on a single source of legal, political or moral authority. [29] Social evolution has transformed law into a powerful – perhaps the most important – reference for civilized life, replacing traditional ties conditioned by identities of “blood” or territory with a new type of specifically legal and voluntary subordination between equal and free actors. The degree of abstraction of legal rules and principles is constantly increasing, the system gains autonomy and control over its own dynamics, so that the normative order of society can dispense with religious legitimation and the authority of customs. Therefore, in modern societies, the law is characterized by Therefore, it is prudent to consider sociological jurisprudence as a practice that helps to immediately solve the social problem. This dispute resolution process may be possible using one of the following approaches: A second exception can be found in the work of researchers who have used the resources of ethnomethodology and symbolic interactionism to study legal frameworks. [75] This type of research is clearly sociological research rather than social law research, as it is constantly discussed with other theoretical traditions of sociology. Max Travers` doctoral dissertation on the work of a criminal law firm accused other sociologists, especially Marxists, of not addressing or respecting how lawyers and clients understand their own actions (a standard argument used by ethnomethodologists in debates with the discipline`s structural traditions).
However, he also explored the question raised by legal thinkers in their critique of structural traditions in the sociology of law: to what extent the social sciences can deal with the content of legal practice. Because of laissez-faire, everyone places more importance on individual interest and ignores the general interest or the interest of the state and the well-being of the state. The sociological school came in reaction against laissez-faire, because the sociological school advocates the balance between the well-being of the state and individual interests. Social law approaches to the study of globalization and global society often overlap with or use studies of legal cultures and legal pluralism. [119] In other words, this law school emerged as a result of laissez-faire, a laissez-faire result or reaction. This law is intended to help find a balance between -1. individual interest and 2. General welfare of the State. The sociology of law (or sociology of law) is often described as a sub-discipline of sociology or as an interdisciplinary approach to law. [1] Some see the sociology of law “necessarily” in the field of sociology[2], others tend to consider it as a field of research between the disciplines of law and sociology. [3] Still others see it neither as a sub-discipline of sociology nor as a branch of jurisprudence, but as an independent field of research within the broader tradition of the social sciences. Consequently, without reference to mainstream sociology, it can be described as “the systematic, theoretical and empirical study of law as a set of social practices or as an aspect or field of social experience”.
[4] It treats law and justice as fundamental institutions of the fundamental structure of society, which “mediate between political and economic interests, between culture and the normative order of society, establish and maintain interdependence, and constitute themselves as sources of consensus, coercion, and social control.” [5] As its name suggests, the sociological school of jurisprudence sheds light on the relationship between law and society. Since the researchers of this school emphasize the interrelationship between law and society, it can be concluded that the main objective behind the emergence of the sociological school is to learn the link between law and society. This approach can be useful when it comes to solving societal problems with immediate effect. Since the law is a social phenomenon, it is indirectly and directly linked to society. The sociology of law is generally distinguished from sociological jurisprudence. As a legal form, the latter does not primarily concern a direct contribution to the social sciences, but directly to the legal debates between legal practice and legal theory. Sociological jurisprudence focuses legal attention on the variation of legal institutions and practices, as well as on the social sources and implications of legal ideas. It draws intellectual resources from social theory and draws explicitly on social science research to understand the evolution of forms of regulation and the cultural significance of law. [52] School sociological law sheds light on the link between society, its various aspects and the law.
Jurists belonging to the sociological school of jurisprudence are of the opinion that the legal order is only a phase of social control and that it is quite impossible to understand it completely if it is not considered in its entire context from the point of view of social phenomena. Lawyers are more concerned about how the law works. They believe in the study of law in relation to society. They focus on the real social circumstances from which legal institutions emerge. The ideology of legal positivism has had such an influence on the imagination of lawyers and social scientists that their image of the legal world has been successfully disguised as fact and has formed the cornerstone of social and legal theory. The most important representatives of sociological jurisprudence are: Montesquieu, Auguste Compte, Albert Spencer, Ihering, Ehrlich, Duguit, Roscoe Pound, etc.
