Sociological Jurisprudence
Definition of Sociological Jurisprudence
Note: See a more comprehensive approach to the Sociological Jurisprudence legal concept in the American Law Encyclopedia
A view that law and legal processes can only be understood as part of society at large. Sociological jurisprudence had its origin in the work of those who argued that law is part of the historical tradition of a society. This perspective suggested the need to compare legal systems, an objective to which the social sciences easily lent themselves. Among those who provide the foundation for sociological jurisprudence was the legal realist Roscoe Pound. Pound saw the traditional view of law as too “mechanical.” Rather, law should be seen as reflecting contemporary social needs. Law is to provide a set of rules, established through accepted processes, dedicated to the resolution of disputes between and among the various interests in society. Law, thus, is not abstract principles, but rules that are applied through a legal system that possesses sufficient discretion to maximize the possibility of conflict resolution. This orientation emphasized the “realities” of the law, but also strongly urged empirical sociological research.
See Also
Legal Realism (Judicial Function) Political Jurisprudence (Judicial Function).
Resources
Sociological Jurisprudence Related Resources
- Sociological Jurisprudence in the United States Legal Encyclopedia
- Judicial Function Keywords in the United States Legal Encyclopedia
- Judicial Function Keywords in the International Legal Dictionary
Notes
- “Sociological Jurisprudence”, The American Law Dictionary, 1991, California
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