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Main Characteristics of sociological school

Sociological school is more concerned with the function of the law rather than the abstract content of authoritative precept. The fundamental tenet of this school according to Paton is that we cannot understand what a thing is unless we study what it does. This school lays stress on law in action rather than law in textbooks. According to Roscoe Pound the significant feature of sociological jurisprudence is that it lays more emphasis on functional aspect of legal institutions, principles and precepts and regards law as an instrument or technique of sub serving of individend and social interests. It regards law a body of authoritative guide to decision and of the judicial and administrative processes. Sociological school considers law as an instrument of social control and respects jurisprudence of concepts. It is mainly concerned with the impact of laws on various aspects of society. Law is an instrument of social reconstruction.

The sociological jurists regard law as a social institution consciously designed both on the basis of experience and need. To sociological jurists the acme of law is its emphasis on social requirements and purposes that the law must attend and answer rather than upon irrelevant commands of worship of archaic past traditions. Sociological jurists have different views with regard to the perception of law. They believe in the importance of harnessing the techniques of social sciences as well as the knowledge called from sociological research. They want to use and utilize the knowledge arrived at by sociological researches towards erecting a more effective science of law. The sociological jurists believe in social justice but of what it is made of and how to achieve it there are divergent views on it.

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