Sociological School of Jurisprudence
The Sociological School of Jurisprudence emphasizes the relationship between law and society, viewing law as a social institution that should be studied in its function and application to achieve social welfare. It emerged in the late 19th and early 20th centuries as a reaction against the rigid formalism of the Analytical School and the historical determinism of the Historical School.
It is concerned with the "Law in Action" rather than the abstract "Law in Books."
Core Tenets
- • Law as a Social Phenomenon: Law is a product of the social conditions, needs, and expectations of the community, not just a set of abstract rules or a sovereign's command.
- • Focus on Social Purpose (Functionalism): The primary purpose of law is to serve social interests and promote the welfare of the community, balancing competing claims within society.
- • Law is a Tool for Social Engineering: Law can and should be used as an instrument for deliberate social change and control, adjusting legal principles to fit social realities.
- • Interdependence: Law is shaped by society, and in turn, it shapes society.