Questions and Notes on Sociological
School Part 2
1.
Who wrote the book `Province of Law`?
Julius
Stone
2.
Who wrote the book `Division of Labor in
Society`?
Durkheim
3.
What did Duguit name division of labor in
society?
Social
Solidarity. This was the theory given by Duguit in which he said `interdependence
of man is the essence of society. Every man has to turn to other for certain
needs in society. He believed that the ultimate end of all human activities is
to ensure interdependence of men.
4.
Who defined law as `A rule which men obey not by
virtue of any higher principles but because they have to live as members of
society`?
Duguit.
He rejected traditional notions of rights, sovereign, state, public and private
law, legal personality as fiction and unreal because they were not based on
social reality. His entire thrust was on mutual cooperation and mutual dependence
between individuals and groups. Division of labor served the purpose of social
cohesion.
5.
Who said “The only right which a man can possess
is the right always to do his duty”?
Duguit
6.
About Duguit:
a.
He expected law to serve and secure social
solidarity,
b.
Since it involved performing duties, he rejected
the abstract notions of right,
c.
He defined justice in terms of social needs and fulfillment,
d.
He believed roots of justice are in the society
and not in the will of the sovereign,
e.
He attacked the concept of state and and held
state is no different from individual,
f.
He favored minimalization of state functions and
decentralization of state power,
g.
He believed State should work only for
furthering social solidarity.
7.
Who said “Legislators do not make law but merely
give expression to judicial norms formulated by the consciousness of the social
group”?
Duguit
8.
Who said “There is no distinction between public
and private law as all laws are meant to serve the end of social solidarity”?
Duguit
9.
Criticism of Duguit:
a.
It is said that “Duguit pushed natural law out
through the door and let it come by the window”.
b.
He overlooked the growing role of State in
modern times.
10.
Who wrote the book `Method and Interpretation of
Sources of Law`?
Geny
11.
Who wrote the book `Science and Technique of
Law`?
Geny
12.
About Geny:
a.
If the case is not covered by a code, the Judge
must not interpret arbitrarily; but should try to find out the answer scientifically,
based in reason and conscience.
b.
The ultimate aim of law is to impart justice,
c.
He believed that solution of social problems
lies in free scientific research which is based on three principles
i.
Autonomy of Will,
ii.
Maintenance of Public Order and public interest,
iii.
Proper balancing of conflicting private
interests of individuals
13.
Who wrote the book `Jurisprudence, its American
Prophets`?
Harold
Gill
14.
Who wrote the book `Essays in Honour of Roscoe
Pound`?
Newman
RA
15.
Books by Roscoe Pound:
a.
Spirit of the Common Law,
b.
An Introduction to the Philosophy of Law,
c.
Interpretations of Legal History,
d.
Law and Morals,
e.
The Formative Era of American Law,
f.
Contemporary of Juristic Theory,
g.
Administrative Law- its growth, procedure and
significance,
h.
Social Control Through Law,
i.
The Task of Law.
16.
Describe Pound`s Social Engineering:
He
considered law as social engineering, which means the main task of law is to
accelerate the process of social ordering by making all possible efforts to
avoid conflict of interest of individuals in society. He enumerated the following interests and said
that the task of law is to seek and protect them:
i.
Private Interests,
ii.
Public Interests,
iii.
Social Interests
17.
Who said “Pound attempted to emphasize the need
for judicial awareness of the social values and interests?”
Cardozo
18.
Describe Jural Postulates of Pound:
He
said that in order to evaluate the conflicting interests in due order of
priority, every society has certain basic assumptions upon which its ordering
rests. These assumptions are jural postulates:
I.
Postulate I: In a civilized society men must be
able to assume that others will commit no intentional aggression upon them,
II.
Postulate II: In a civilized society men must be
able to assume that they may control for beneficial purposes what they have
discovered and appropriated for their beneficial purposes what they have
discovered and appropriated to their own use what they have created by their
own labor and what they have acquired under the existing social and economic
order.
III.
Postulate III: In a civilized society men must
be able to assume that those with whom they deal as a member of the society
will act in good faith,
IV.
Postulate IV: In a civilized society men must be
able to assume that those who engage in some course of conduct will act with
due care not to cast an unreasonable risk of injury upon others,
V.
Postulate V: In a civilized society men must be
able to assume that others who maintain things or employ agencies, harmless in
the sphere of their use but harmful in their normal actions elsewhere and having
a natural tendency to cross the boundaries of their proper use will restrain
them and keep them within their proper bounds.
He
said that new postulates may emerge if the changes in society so warrant.
19.
Criticisms against Pound:
a.
His use of word `engineering` equated the
society to a factory,
b.
“Pound`s theory is confined to interpretation of
`wants and desires` to only material welfare of individual`s life completely
ignoring the personal freedoms which are equally important for a happy social
living”: Allen
c.
His theory has no significance in pluralistic society
where there are minorities with divergent interests
20.
Who said “Law is a means to protect and promote
the collective group interests as compared to the individual interests”?
Justice
Holmes
21.
Who said “Life of law has not been logic, it has
been experience”?
Holmes
22.
Who wrote the book `The Common Law`?
Holmes
23.
Who wrote the book `Nature of Judicial process`?
Cardozo
24.
Who said “Logic, history, custom, utility and
the accepted standards of right conduct are forces which singularly or in
combination, shape the process of law”?
Cardozo
Questions and Notes on Sociological
School Part 2
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