Questions and
notes on Sociological School 1
1.
What is the premise of sociological school of
jurisprudence?
a.
It emerged as a result of synthesis of various
juristic thoughts,
b.
Exponents consider law as a social phenomenon,
and confine study of law to relationship of law with contemporary social institutions,
c.
Their view is to study the effect of law and
society on each other, and treat law as an instrument of social progress, hence
there can be no place for coercion in law,
d.
Was against the positivist theories which favored
coercion and also against historical school which relied on past customs,
traditions and values which blocked growth of law,
e.
The exponents of this school studied jurisprudence
integrated with other social sciences considering law an applied social science
and employed functional methods of investigation and analysis for solving the
social and individual problems,
f.
Some jurists of this school also concern law
with court`s rulings and decisions, thus adopting a realist approach.
2.
Who said “The Sociological Jurists look more for
the working of law than for its abstract content”?
Pound
3.
Who wrote the book `The Scope and the Purpose of
Sociological Jurisprudence`?
Pound
4.
Who said “Sociological jurisprudence is a multifaceted
approach to resolve immediate problems of society with tools which may be legal
or extra legal and techniques which promote harmony and balance of interests of
society”?
Pound
5.
Who wrote the book `Jurisprudence`?
Pound
6.
Who was the founder of sociological
jurisprudence?
Auguste
Comte. He made the beginning with concept of `scientific positivism`. This
study of law was based on empirical study based on experience and observation.
He had rejected metaphysical methods of study of law as used by his
predecessors of philosophical and historical school.
7.
Who explained `social phenomenon as a biological
process adapting itself to the changing needs of society, law must evolve to
adapt itself to changing needs of a progressive society`?
Herbert
Spencer. He propounded the principle of law`s organic growth. This concept was
influenced by Darwin`s evolutionary theory.
8.
Who wrote books named ‘Jurisprudence`?
a.
Paton
b.
Dias
c.
Denis
d.
Salmond
9.
What is meant by `functional jurisprudence`/
jurisprudence of interests/ social engineering?
Sociological
Jurisprudence is a functional study of law applied to concrete social problems
in order to make law an effective instrument of social control for harmonizing the
conflicting interests of individual in society.
10.
Who said “Sociology of law is mainly a
descriptive study of law in a theoretical manner. It treats law as just one of
the several aspects of society and therefore has a secondary position as
compared to society which is the main theme of sociology”?
Pound
11.
Who said “Sociology of law is a theoretical science
which consists of generalization regarding social phenomenon so far as they
refer to contents, purposes, application and effects of legal rules”?
Hall
12.
Who wrote the book `Province and Function of
Law`?
Julius
Stone
13.
Who wrote the book `Sociology of Law`?
Max
Weber
14.
Who said “Law does not develop through legislation
or judicial decisions but in society itself”?
Eugene
Ehrlich in his concept of `Living Law`
15.
Who are the main exponents of Sociological
School?
·
Montesquieu, Compte, Herbert Spencer, Ihering,
Ehrlich, Duguit, Francois Geny, Roscoe Pound,
·
In USA: OW Holmes, Cardozo
16.
Who wrote the book `Spirit of Law/ L`Esprit des
bois`?
Montesquieu
17.
Who is the forerunner of sociological school?
Montesquieu
18.
Who said “law of a nation is determined by
national characteristics, climate, soil, occupations of natives, religions,
inclinations, commerce and customs`?
Montesquieu
19.
Who is the founding father of `science of
sociology`/ who is the first jurist to employ the the term `sociology` to
connote and independent discipline?
Auguste
Compte. He applied scientific method to the study of sociology which has been
termed as `scientific positivism`.
20.
Who said “Society and not the individual should
be the focal point of law”?
Compte.
He pointed out that man cannot live in isolation as he is essentially a social
being and all his impulses originate from his social life which is to be
regulated and controlled by law and the government.
21.
Describe the organic theory of society as given
by Herbert Spence:
a.
The four sourced on law are:
i.
Divine laws with religious sanction,
ii.
Injunctions of past leaders,
iii.
The will of the ruler,
iv.
Collective opinion of society
22.
Who wrote the book `Principles of Sociology`?
Herbert
Spencer
23.
Who said about Spencer`s theory “In the inter-dependence
of organism, in its social aspect, which means the mental relation of all
members of civilized society and the distribution of a sense of responsibility
far wider than can be comprised with the formula `sovereign and subject`. It
directed attention to the necessity of considering law in relation to other
social phenomenon”?
CK
Allen
24.
Who wrote the book `Spirit of Law` which was
translated as `Law as Means to an End`?
Ihering
25.
About Ihering:
a.
Was opposed to the doctrine of individualism,
b.
The purpose of law should be to protect the
interest of the society,
c.
He was against Austinian positivism, Benthemite
individualism and Spencer`s Biological theory of evolution of law as all these
theories were divorced from social realities.
d.
His theory is known as `Jurisprudence of
Interests`
26.
Describe Ihering`s Jurisprudence of Interests:
a.
Law is the result of constant struggle: social
struggle leads to law harmonizing conflict interest of individuals for
protection of society as whole,
b.
Law is to serve a social purpose: law as means
to an end, ultimate end of law is social purpose and not the individual purpose
and interest. “Law is a coercion organized in a set form by the State.”
c.
He considered `punishment as a means to a social
end`. He was opposed to retributive
penal policy.
d.
He defined interest in terms of `pain and
pleasure`. Pursuit of Pleasure and avoidance of Pain is `interest`
e.
His theory is also called `Social
Utilitarianism` and he is called `Social Utilitarian`.
f.
For him property was both a social and
individual institution.
27.
Who called Ihering `father of modern
sociological jurisprudence`?
Freidmann
28.
Who said “The social activities of people are
controlled by reward and coercion, duty and love”?
Ihering
29.
Explain
the concept of `Living Law` of Eugene Ehrlich:
a.
He believed in spontaneous evolution of law,
b.
As per him, the institutions of marriage,
domestic life, inheritance, possession, contract, etc govern the society
through `Living Law` which dominates human life,
c.
By `Living Law` he meant extra legal controls
which regulate social relations of men,
d.
`Living Law` is the law which dominates social
life of men even though it has not been promulgated in the form of enactment or
decision of the courts,
e.
Some rules are based on mutual consent of the
people rather than statutory enactments or court`s decisions. These he termed
as `fact of law` a social reality which exist quite independent of State`s
positive law. It is `living law` of the people.
30.
Who said “The Center of Gravity of legal
development in the present time or the past, lies neither in the juristic
science nor in judicial decisions”?
Ehrlich
31.
Who wrote the book `Dilemmas of Law in the
Welfare State`?
Firedman
32.
Criticism of Ehrlich`s theory:
a.
According to Freidman he had extended the scope
of sociology of law and its relation to other social sciences too far and even
to limit of absurdity, as he did not make distinction between legal norm and
other social norms and confuses between the two,
b.
He overlooks the importance of state made law of
legislation,
c.
Validity of law is based on social conventions,
not solely on morality.
d.
Freidman`s `legal culture` purports to cover the
ideas, attitudes, values and beliefs which people hold about legal system.
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