Unit-3 Sociology of Law

3.1 Meaning of sociology of law

The sociology of law is the study of how law and legal
systems interact with society. It examines, on one
hand, how laws are shaped by the cultural values
and social norms of a society. They are designed
to guide behavior, ensure justice, and protect both
individuals and communities. On the other hand,
society continuously influences the development and
reform of laws through public opinion, activism, and
political engagement. In essence, law and society
influence and evolve with one another. Society consists of individuals who live
together The relationship between law and society is deeply interconnected.
Cont..

Law is system of rules and regulations that are enforced by the

government to maintain order and protect individual rights. Society and
law are interrelated in many ways. For example, law reflects the values
and norms of society.
The sociology of law studies laws and legal institutions as social
relationships. The sociology of law is a subfield of sociology that
studies the social aspects of law and legal systems. It examines how
law is created, enforced, and interpreted and how it affected individuals
and society as a whole. The sociology of law is an important field of
study because it helps us to understand the complex relationship
between law and society.
The Sociology of law derived from Two main words

Sociology
Sociology is the study of human interaction and interrelationship. Main objective of
sociology is to study human interaction scientifically and analyze the relationship
between human and society. Sociology is the science of society and social
interaction.
It studies how an individual is affected by the society and the society by an
individual. Hence, sociology is the subject that concerns with human and his
association with institutions like family, education, economy, religion, politics, law
and alike.
Law
Law is a valid instrument to govern the society. It is a set of rules that are created and
enforceable by society and governmental institutions to maintain order, protect
individual rights and regulates human behavior.
Meaning of Law

In a precise meaning:
It regulates and control human behavior,
whether external or internal and imposes penalty
for its violations.
It is also means of rendering justice, maintaining
discipline, peace and order, providing security for
the betterment of the society.
It is a meaningful expression of the civilized
society.
Cont..
• Each and every person has bounded by the law and no one can above the law. It
treats all equally and does not discriminate anybody is bound on any matter on
the ground of caste, race, colour, status or of any other kind.
• Everyone must respect law and not to disobey. “Ignorance of law is not excused”
is universally recognized principle.
According to Black’s Law Dictionary, “Law is that which must be obeyed and
followed by citizens subject to sanction or legal consequences”.
In the words of Salmond, “law is not right alone or might alone, but perfect
union of the two”. Again he adds, “ law is the body of principle recognized and
applied by the state in administration of justice.”
In conclusion, the term law can be defined as a set of principles, rules and
customs as well made or recognized and enforced by the supreme authority of the
state in the country.
Definitions of Sociology of Law
• Eugen Ehrlich: Defined sociology of law as the study of “The living law," meaning the
law as it is actually practiced and applied in society, rather than just the formal legal
rules. Ehrlich was an Austrian jurist who is considered by many to be the founder of the
sociology of law. He argued that law is not simply a set of rules, but rather a living social
force. Eugen Ehrlich defined sociology of law as the study of the living lawa, which he
defined as the set of rules that are actually followed by people in their everyday lives.
Ehrlich is considered to be the founder of Sociology of law . He was an Austrian jurist
who lived from 1862 o 1922. Ehrlich argued that law is not simply a set of rules, but
rather a living social force. He also distinguished between the “ living law” ( the set of
rules that are actually followed by people in their everyday lives) and the “ official law”
( the set of rules that are written down in statutes and court decisions). Ehrlich’s work
was highly influential in the development of sociology of law. He was one of the first
scholars to argue that law should be studied from a sociological perspective and his
work helped to lay the foundation for the modern field of sociology of law. Society build
law is more powerful then state.. State is only a instrument of law.s
Cont..
• Max Weber: Weber explored the relationship between law and social
structures, particularly focusing on the ways in which legal systems
can be influenced by economic, political, and cultural factors. Weber
was a sociologist who wrote extensively on the relationship
between law and society . He argued that law is an important tool of
social control, and that it can be used to promote social change. Max
weber defined sociology of Law as the study of the social conditions
and consequences of legal norms. He argued that law is an important
tool of social control, and that it can be used to promote social
change. Weber also distinguished between different types of legal
systems, such as traditional law, charismatic and rational legal law.
Cont.
• Emile Durkheim: He argued that law is a reflection of the collective
conscience, and that it plays an important role in social integration.
Emile Durkheim defined sociology of Law as the study of social
causes and functions of law. He argued that law is a reflection of the
collective conscience, and that it plays an important role in social
integration. Durkheim also distinguished between two types of law;
repressive law and restitutive law. Repressive law is concerned with
punishing crimes, while restitutive law is concerned with
compensating victims for their loses. He said law ass the testimonial
in any society. Which law is not adjustable in society or not accepted
by society that’s is not law.
Development of concept of Sociology of Law
Sociology of law became recognized as a separate field of study in the
early 1900s, when sociologists started to look closely at how laws
connect with different parts of society. One of the earliest thinkers
linked to this field is Baron de Montesquieu (1689–1755). Although his
main interest was in natural law, he studied and compared the laws of
different societies. He showed that laws are not the same everywhere—
they are shaped by where people live, their culture, way of life, and
historical experiences.
Cont..
Whether or not laws were favorable could be identified based on how much
justice they provided, and whether they were morally acceptable or not.
Sociologist Max weber in his work ‘ The Types of legitimate domination’
defines one of the three types of ideal authority as rational; legal domination. This
type of authority does not depend upon a person themselves.. Certain norms in
the society endow legality to the rules and the people who hold the position of
power. Law thus becomes rationalized by the social values and norms. Another
sociologist, Emile Durkheim identified two types of laws. Repressive and
restitutive. Repressive laws are mainly visible in societies with mechanical
solidarity’ i.e simple societies, where people are replaced to others in the society
because of the ‘likeness they share . To install such solidarity, repressive laws are
imposed on the society as a whole and thereby to the people who belong to the
society as well, in such a way that the individuals and society become
interdepended and the individual does not exist as separate from the society.
Cont..
In modern, complex societies, on the other hand, there exist organic
solidarity which forms because of specialization of labor, which creates
reliance of one member of the society upon others. Because very one is
different from everyone else, there is a greater level of
individualization, and a higher degree of interaction, which requires to
be directed by some laws to ensure the effective functioning of society.
3.2 Sociology of law as a branch of sociology or as part of
sociological Jurisprudence.
Law is the reflection of society. Law is formed for fulfillment of social needs. The real
law is that, in which directly connected to the social phenomena, social action, and
expression of society. Sociological jurisprudence is a school of legal thought that
emphasizes the close relationship between law and society. It considers law not merely
as a set of abstract rules imposed from above, but as a living institution that evolves
with and responds to the needs, values, and problems of society. The central idea of
sociological jurisprudence is that law must be studied and understood in its social
context, and it must serve the purpose of achieving social justice.
Sociological jurisprudence emerged in the late 19th and early 20th centuries as a
reaction against traditional legal formalism, which focused on rigid, logical
interpretation of statutes and legal principles without considering real-world
implications. Legal formalism often ignored the social conditions in which laws
operated, which led to unjust outcomes. In contrast, sociological jurists argued for a
more realistic, empirical, and functional understanding of law.
Cont..

One of the most influential proponents of this approach was Roscoe

Pound, an American legal scholar who coined the term "sociological
jurisprudence". According to Pound, the law should act as a means of
“social engineering", which involves balancing the conflicting interests
of individuals and groups in society to achieve harmony and justice.
Theory of social engineering, he emphasized jurist as a social activist.
3.3 Some theories of sociology of law
Theories in the sociology of law help us understand how law and
society are connected. These theories use ideas from sociology to
explore how laws are influenced by social forces, how they impact
individuals and communities, and how they can be a means to achieve
social justice. Some of the major theories in this field include:
• Functionalism: This perspective sees law as a key part of society that
helps keep things running smoothly. Laws help maintain order, settle
conflicts, and support positive social changes.
• Marxism: From a Marxist viewpoint, law is seen as a tool used by
powerful groups to protect their interests. It is often used to keep the
existing system in place and to control or disadvantage less powerful
or oppressed groups.
Cont..

• In the sociology of law, several important theories help explain how law works within
society. These theories offer different ways of understanding the connection between
legal systems and social structures:
• Critical Legal Studies: This approach sees law not as neutral, but as shaped by the
dominant beliefs and values of powerful groups in society. It argues that the law often
supports and reinforces existing social inequalities.
• Feminist Legal Studies: These theories look at how law affects women and highlight
the ways in which legal systems have historically ignored or discriminated against
them. Feminist scholars also explore how law can be used to fight for gender justice
and equality.
• Postmodern Legal Studies: This perspective challenges the idea that law is always fair,
neutral, or based on absolute truths. Instead, it sees law as being influenced by social
and political power, and shaped by the context in which it operates.
 Emile Durkheim
Emile Durkheim and the Functionalist Theory of Law
Durkheim, a prominent French sociologist and one of the founding figures of
sociology, made significant contributions to the sociology of law. He developed the
functionalist theory, emphasizing the role of law in maintaining social order and
unity.
Key Ideas:
• Law and Social Solidarity: Durkheim believed that law is a reflection of the
collective values and morals of society-what he called the collective
consciousness. According to him:
In traditional societies, law reflects mechanical solidarity, where people are bound
together by shared beliefs and values.
In modern industrial societies, law is based on organic solidarity, which arises from
interdependence among individuals with diverse roles and functions.
Cont..
• Law as a Social Function: Durkheim saw law not just as a set of rules,
but as a social institution that serves several crucial functions. It
protects society from chaos and harmful behavior. It regulates
individual actions to align with societal norms. Punishment serves to
reinforce shared values-not merely as revenge, but as a means to
affirm and maintain moral order. Law helps to promote social
cohesion, by ensuring stability and a sense of unity.
• Evolution of law : As societies evolve from mechanical to organic
solidarity, the law evolves from repressive and restitutive to focus
more on restitution and rehabilitation. He viewed the increasing
division of labor in modern societies as requiring further legal
regulation.
Cont..
• Social facts: For Durkheim, laws is a social fact that exercises
coercive power over individual law has an existence outside of
individuals and shaped behavior. He argued that law and morality
are distinct social facts with different origins.
Durkheim’s ideas emphasized the social origins of law and how
represents society’s values. His theory connects law’s development to
society’s evolution from traditional to modern . He is regarded as
establishing the sociology of law as a field of study. Elements of his
approach like social solidarity remain relevant, while others like
mechanical vs organic solidarity are more critiqued today.
Max Weber

Max Weber, a well-known German sociologist, contributed greatly to the

development of the conflict perspective in the sociology of law. He believed that
law is often used by those in power to preserve their position and uphold the
existing social order. Weber's work on topics such as authority, bureaucracy, and
the legitimacy of power played a major role in shaping legal sociology. Some of
his most important ideas are centered around how legal systems are influenced
by different types of authority and how laws help maintain control in society.
• Types of authority: Weber identified three types of authority; traditional,
charismatic and rational -legal. Modern law is based on rational-legal
authority. Derived from formally established impersonal rules and procedures.
• Formal rationality: Modern law represents formal rationality with precise,
systematized, and comprehensive laws this rational-legal authority is central
to modern bureaucracy and governance.
Cont..
• Relation to economy: Weber saw a close link between law and
economy in capitalist societies. Formal rational law provides
predictability that enables capitalistic enterprise to flourish.
• Legal profession: Weber studied the legal profession and described
processes of professionalization. Legal professional gain status and
power but are also constrained by rational norms.
Weber demonstrated how modern law is tied to forms of authority
and rationalization. He connected legal development to broader social
processes likes bureaucratization and industrial capitalism. His
emphasis on how law is shaped by power relations remains relevant.
However, his sharp distinction between traditional and rational-legal
authority is critiqued as too simplistic today.
Karl Marx
Karl Marx, a German philosopher and economist, is known for developing the
Marxist perspective on law. He believed that laws reflect the class divisions within
society and are mainly used to control and suppress the working class. According to
his theory of historical materialism, Marx saw law as part of the societal
"superstructure“-a system shaped and influenced by the economic base or mode of
production. His main ideas in the sociology of law focus on how legal systems
support the interests of the ruling class and help maintain existing power structures.
• Ideology: Marx saw law as ideological and serving the power and interests of
the dominant economic class in society . Law reflects class interests in
capitalism.
• Exploitative: By enforcing property rights and contracts, law protects the
property and privileges of the bourgeoisie. La allow the capitalist class to
exploit workers.
Cont..
• Inequalities: The formal equality and rights of liberal law mask
substantive inequality in society . law pretends to be neutral but
entrenches class inequalities.
• Domination: The state uses law as a tool too secure the domination of
the ruling class law is not autonomous but tied to economic power
relations.
Marx offered a radical critique showing how law is rooted in and
promotes class inequalities and domination. He inspired later Critical
legal studies an critical race theory school. But his deterministic view
of law as only reflecting economics is simplistic and critiqued for
downplaying law’s autonomy.
Roscoe pound
Roscoe Pound, a leading American legal scholar, believed that law should not be
seen as just a fixed system of rules and principles. Instead, he viewed it as a social
institution that is influenced by and responds to the changing needs and forces
within society. He also argued that law is not entirely neutral or objective, but often
reflects the values and interests of the powerful groups within a community. Pound
developed the idea of sociological jurisprudence, which focuses on how law
connects with society and aims to serve social needs and public interests. Some of
his main ideas highlight the importance of making law more effective in addressing
real social problems.
• Social engineering: Pound viewed law as a tool for social engineering to direct
social change and social development law shapes society towards desired ends.
• Social Interests: The law seeks to balance and reunite competing individual,
public, social and state interest legal reasoning involves considering social
interest.
Cont..

• Forces shaping law: Pound analyzed various forces that shape how law
develops, including geography economic changes, moral views, community
ideologies, public opinion, and more.
• Jural science: Pound advocated systematic study of how social factors
influence law and legal institutions. This sociological jurisprudence aims to
improve law.
Roscoe Pound’s ideas played a key role in shaping the American tradition of
the sociology of law, which focused on studying how law actually works in
real-life situations. His work laid the foundation for an evidence-based
approach that looked at law in practice rather than just in theory. Pound also
had a strong influence on the legal realist movement and helped inspire new
areas of study, such as sociological approaches to law. He promoted a practical
use of law as a tool for organizing society, while also recognizing the need to
place limits on using law purely as an instrument for achieving goals.