Sociological School

Sociological SchoolAuguste Comte(1786-1857)-He was the first to use the term Sociology.French philosopherAccording to Comte,society is like an organism and it can progress when it is guided by scientific principles which should be formulated by observation and experience of facts excluding all metaphysical and similar other considerations.Law as an instrument of social progress Duguit(1859-1928)Duguit was a Professor of Constitutional Law in the University of Bordeaux in France.Principle of Social SolidarityThere are diverse needs of individuals which are satisfied by the exchange of services.Division of labour-against the arbitrary actions All human activity and organization should be directed to the end of ensuring the harmonious working man with man.

Social SolidaritySocial Solidarity is the touchstone of juding the activities of individuals and all organizations.Favour of strong checks on the abuse of State power through the establishment of the strict principles of State responsibility.State is sovereign, but such sovereignty has its limits.Law which does not stand the test of social solidarity is not a valid law.

DuguitLaw is a spontaneous product of individual consciousness, inspired at the same time by social necessity .No distinction between private and public law. Both must serve the same end of social solidarity.The essence of Law is dutyInterdependence of man is a fact, social solidarity "is an idea.

Roscoe Pound(1870-1964)Dean in Harvard Law SchoolMost influential proponent of the American Sociological jurisprudenceLaw as a social institution created and designed to satisfy human(individual and social) wants.Society should be the focal point of lawSocial EngineeringSocial engineering means a balance between the competing interests in society.Private ,Public and Social interestsPrivate interest-The individuals interest of personality-these include his reputation, freedom of conscience, physical security,health,privacy,belief and opinionsIndividuals interests in domestic relations marriage,maintenance,parents and child relationship etc.Social EngineeringInterest of substance proprietary rights, inheritance rights