Sociological Jurisprudence

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Sociological jurisprudence and its related field - sociology of law - constitute an immense field of study that embraces all aspects of the relations and interactions between law and society. Sociology of law is most often distinguished from sociological jurisprudence. The latter is not primarily concerned with debates within mainstream sociology but instead engages in some of the debates within jurisprudence and legal theory. Developed in the United States by Louis Brandeis and Roscoe Pound[ D.L. Faigman, Laboratory of Justice (Ist ed.). New York: Henry Holt and Company, LLC. ) 2005.], sociological jurisprudence bases legal arguments on sociological insights. Roscoe Pound complained that "law has always been dominated by ideas of the past…show more content…
Moreover, he noted that "there is a special tendency in the lawyer to regard artificiality in law as an end, to hold science something to be pursued for its own sake, to forget in this pursuit the purpose of law"[ R. Pound, Mechanical Jurisprudence, Mechanical Jurisprudence. Columbia Law Review, 8(8), 1908, 605-608. ] . In addition, the rigid exposition of hard and fast rules in analytical jurisprudence prevented the law from adjusting itself to the mutable conditions of a protean society. As a result, the law had ceased having a utilitarian function in dealing with the realities of everyday life. It had turned into a hopelessly self-sustaining entity completely out of touch with the human factor and social needs. Analytical jurisprudence, with its a priori concepts and deductive calculus, had become a mechanical jurisprudence. Pound urged jurists to disavow the technical operations of mechanical legal doctrine, or what he sometimes referred to as "the jurisprudence of conceptions," and embrace a more realistic and action-oriented "jurisprudence of ends"[ R. Pound, 610-611 ]. On the other hand, the jurists of the Analytical School, by…show more content…
It regards law as one means of social control. Hence, law is often made to be related to a moral order, to a body of customs and ideas about society. From this point of view, sociology of law
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