Law and Society:
Law is a social function i. e: there will be coming to society and leaving the
society but society remains constant. Society was there before we came to the
world. So, our rights and privileges must from the resources of the society, we
are to share the resources of the society.
The achievement of social rights is the object but it must by sharing the
Freedom of business is given for the personal business to achieve social needs
, right to marry is exclusively the personal right.
Where personal rights are for the welfare of the society i. e; to accomplish the
goals of the society.
Man depends upon society for everything. According to sociologist, you are the
individual, where society reject as independent person.
Law is a means (tool) to certain ends and ends are social purpose alone. If we
suffer anything then law shows the way to rectify it.
Law balances welfare of the individuals and society i. e; Law neutralises the
right of the individuals and the society.
We the individuals cannot produce anything in the society, the production is by
the nature itself. We the individuals do for the money by converting the skills.
So, we can say that, we are here as an individual to share the resources of the
society but cannot produce.
The jurists that study the balance of power between individuals and society are
sociologists their approach to law is called sociological school. i. e; striking
of balances between society and individuals.
Law is the product of the will of the society because law is from the society
and is by the concert from the society.
Individual right will become statutory right i. e; it becomes law
For example: A person is having a problem under divorce, this divorce will
become as a right to that person as a individual right, after this individual
right leads to statutory right. When individual right is recognised by the state
Beneficial of individual leads to beneficial of society at large. For example,
age old people can be safe at home by the judgement rendered by the supreme
court in this case, if not protected property given by parents can be taken back
But the defect of sociological theory is that, it didn�t contemplated what ought
to be the society must prepare its own rules of conduct to reach the objective
of the people. Individuals aspiration results in disputes, where society
presumption leads to failure. In olden days, submerged into the society, so that
their living is comfortable, but now-a-days people are not comfortable due to
not merging into the society, because of this idealistic society was not found
now-a-days. Our obligations must be the part of the society, then their be a
Jurists contention on sociological jurisprudence:
He says that Social rights are superior from individual rights. Social change
impact directly on law. Law has to assessed by the character of nation. It
means, law is equal to the nations character.
Law cannot be understand by the statute, it must be understand by the society
firstly. Only when we understand society then we came to know about law
Even the spirit of soil must be imbibed. It means, society behaviour changes
from one to other societies behaviours.
For example, when liberty is taken into consideration it is for the society,
which is implemented by taking the society into consideration.
How business practice had impact on Law?
If so, there shouldn�t be any regulating Act, Financial Acts, Negotiable
Instrument Act, companies Act, Contracts Act with minor and etc. this is because
law is needed for the society for the better welfare.
By this way we can say that rights are confined by the society, it means law was
merged from the society.
He taken the history as a source to understand the society.
For example, for the establishment of courts and customs must know how the
behaviour of society changes from time to time.
He says, certain expression: most appropriate cannot change the words used.
Jurisprudence is understand through speculative idealism means something arise
from the society
For example, morality: where Chief Justice of India derived word constitutional
morality for about 125 pages for well understanding of constitution from
morality, but till this, we are the people solving of problem through reading
the constitution only.
which is written in the constitution but now not only reading what was there
but also the depth of the words which are prescribed by the constitution, we
call them as constitutional morality
for example: Basic structure, we won�t found this word in the constitution but
it is from the depth of the words (which we usually know as grund norm,
morality) used in the constitution.
This how constitution morality will be.
Chief Justice touched political morality, it means political superior, as please
those as majority decision, please be them as they must be.
To breach the transition from one society to another society. He says that,
there must be relative truth, all jurists said jurisprudence is a relative
truth. Means relative truth by comparing with society i. e; with others. Law is
tested only by comparing, it means relative truth.
He is the dean of Harvard university of law. He has written many books like:
- A survey of social interest,
- Interpretation of legal history,
- Justice according to law,
- Social control through law,
He maintained social engineering as a key element in all his works. Here
social engineering means, behaviour V s standard behaviour.
There two forces are neutralising the society with law where as gravitation
force and engineers force for constructing of a a building.
The pull and push where even we find in the society is controlled by the
engineers, so that social engineers are important for the society.
Animal and environment legal defence fund Vs Union of India and other 1997
In this case, Supreme Court held that there must be neutralising for both the
Individual desires or claims or interest or right is civilized only when it
involves in social life. In other words, each individual would be able to live
in the social while satisfying his or her own desires or claims or interest.
Concept of social engineering and balancing of interest presupposes a fairly
organised and matured types of society, criticised by Stone.
It requires lot of practise, it mechanized the social growth and individuals
desires which is impracticable. Desires are human rights instincts they cannot
be organised as contemplated.
Rudolf Von Jhering (1818-1889):
He stressed the social purpose of law, it means less purpose of law is more
better enough. There is no usage of law or not bothering about the rights what
law providing and instead that law should be brought into harmony with changing
Individuals interest is part of social interest.
Law is parallel to the welfare of the society. For example, IPC is not for the
individuals, it is for whole country and it has implications on individuals.
From his thesis, protection of individual right is dictated by social
If the society do not recognised our rights as an individual then we can�t claim
under such non- recognised right. The individuals welfare is not an end in
itself but is recognised only in so far as it aids in securing the welfare of
Law balances welfare of the individuals and the society, it means there should
be balance, neutrality of rights of individuals and the society at large is by
the law only. Here, law neutralises the disputes raised between the individuals
and the society at large.
Individual rights are important but not for personal right, those are for the
welfare of the society at large, society is most important than you at large. i.
e; law is the product of the will of the society, it is utilitarian (usefulness)
in its outlook.
By this, we can say that aggregates of individuals forms of society.
Dr. Friedmann calls Jhering as Father of modern sociological jurisprudence.
Object of law is to harmonise the gap between haves and have-not�s.
Jurisprudence is nothing but analysing the society with the concept of law. It
is the concept of law like rights, duties, ownership, possession and etc.
The purpose of law by sociologist is a social engineering. Here sociologist
means basic idea is when law recognises the interest of an individuals then it
becomes right to the society at large and its implication on individuals.
Jesus Christ, Ph. Mohammed cannot say that slavery is wrong. The great
philosophers Aristotle, Pluto, Socrates, and etc. says that law is a social
Economic activity (money) is for the food for living. Recent calculations on
economic facts are 1% of persons having the 50% persons money in India.
Law is explained purely from the analytical point of view, it means behaviour of
He has been criticized for lack of a reasonable objective criterion for
selection and evaluation of interest.
Sociological jurisprudence depends upon the welfare of the society i. e;
question arises when there is no welfare then how can we say that the society is
the welfare society.
He says that, law is living in the society.
He believes that one would understand law only by observing working of law.
For example factories Act.