Sociological Jurisprudence
By
Hon’ble Justice Markandey Katju
The main trend in twentieth century Western legal thought is sociological jurisprudence. There are many schools of sociological jurisprudence e.g. the 'Living law' school of Ehrlich, the institutional school of Durkheim, Levy-Bruhl and Gurvitch, the pyschological school, etc. However, in this article we shall only examine one of the most prominent ones viz. the activist school, which in U.S.A. is largely associated with the name of Roscoe Pound.
Nineteenth century positivist jurisprudence regarded law as a set of rules (or norms) enforced by the State. This was a correct view of law, since law has a normative nature, but the defect in it was that it refused to consider the social and economic circumstances which gave rise to these rules. Such a study, according to the positivists, would be outside the realm of jurisprudence.
Sociological jurisprudence arose in the twentieth century as a reaction to positivism and its main contribution was broadening the scope of juri ....