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Sociological Jurisprudence Characteristics And Its Definition

First, we need to learn about sociological Jurisprudence.

In the sociological perspective, law is viewed as a social reality or fact that can be used to change and form society in order to meet its expectations and needs. The most important concern in law is to study the interrelationship between laws and societies, as well as community and social phenomena. This includes group or personal interests and how these are realized. Jurists tend to define the relationship between law and society as the means by which it serves society, the interests it fulfills and the general good that the law seeks.

Sociological Jurisprudence refers to a study on law as it is applied in solving social problems. It is designed to help the law become an effective tool to match conflicting interests in the society. The term law encompasses judicial and administrative decisions that help unify competing interests. Sociological jurisprudence can also be called functional or interest jurisprudence.

These are the characteristics of sociological Jurisprudence:

Sociological jurists tend to be more concerned with the operation of the law than its nature. They considered law to be the reliable source in taking decisions as well as in judicial, administrative and judicial processes.

Social jurists see law as a form of social institution, because it is something that can be created deliberately. It can also be altered or modified at any time based on experiences or by changing the laws. This is because it combines both the historical and analytical approach to law.

In contrast to the emphasis placed by legalists on sanctions, sociologists place greater importance on social purposes and goals.

Sociological jurists examine legal institutions and doctrines in a functional way and look at the legal precepts’ form only as a tool to serve the greater good of the most people.

Sociological jurisprudence’s main goal is to help solve the immediate problems in society using tools, such as extra-legal or legal & techniques that will promote consensus and stability for society. The sociological jurists also rejected historical and analytical jurisprudence, because they believed that law is an instrument to serve the individuals in society.

I think that sociological jurisprudence has helped the country achieve its economic and sociological goals. India has adopted new laws, and the law’s perspective changed. In India, the primary objective of law is to balance the needs and interests of individuals with those of the community. The laws are made to reflect the social situations. In the past 25 years, judges, attorneys and legislators did not take the situation of society into account when making the law.

The British Parliament did not consider the needs of Indians when drafting the laws. This led to a slow pace of change in society. In order to avoid wasting time on social justice, judges were instructed to interpret laws in a logical and illogical way. Our jurisprudence has not changed much, although some parts are still the same. The judges now also consider the society when giving judgements or issuing orders or punishments.

India has now become free. The new Constitution is aimed at establishing justice, both socially and economically. India’s planners created a system of planning economics to reach certain goals. They wanted to protect and promote a social and economic order where justice was the basis of all institutions in the national life. In order to achieve these goals, the State developed new economic and social policies. In the name of the common good the old approach to analysis of law was abandoned. It was unrealistic, ineffective and not conducive to the development of a social order. A new sociological approach was needed to reconcile conflicting values and interests in society.

Modern society is marked by a dramatic change in social relations. The change in social relations has been interpreted differently, with some relying on political theories while others relying on partial parts of the law. Modern theories can be viewed as an analysis based on the legal systems that are in place in the country where they are being presented. These jurists may be Nazis, Fascists and Communists as well as Americans.

There has been a great deal of change in the past 25-years. At the beginning of the 20th century there was no Sociological study of law. The study of law should be based on its practical and functional aspects, rather than just abstract concepts. The eternal principles of natural laws were a subject of great doubt at the start of the 20th Century because of the increasing economic and political conflicts. All of these conflicts obstructed the path to economic justice, social reform and legal reform.

The theory of unalienable rights was now regarded as a laissez-faire philosophy. The States expanded their scope of activities to include such areas as health, insurance and education. The sociological approach is an alternative way to study law and its functions in order to regulate and control the relationship between individuals.

Author

  • alissaabbott

    I am a 36 yo educational blogger and volunteer, who has been working in the education field since she was a student at the University of Utah. I have written extensively on different subjects, including educational blogging, curriculum development, and teaching general education classes. I am also a certified teacher educator and have taught in both public and private schools. I am also a member of the Utah Teachers Association and the National Board for Certification in Teacher Education.

alissaabbott

I am a 36 yo educational blogger and volunteer, who has been working in the education field since she was a student at the University of Utah. I have written extensively on different subjects, including educational blogging, curriculum development, and teaching general education classes. I am also a certified teacher educator and have taught in both public and private schools. I am also a member of the Utah Teachers Association and the National Board for Certification in Teacher Education.