The sociological school and the realist movement: Ihering, Ehrlich, Duguit, Pound, Holmes and the Indian courts
LUG-102 Jurisprudence — Legal Method, Indian Legal System and Basic Theory of Law, Unit II: Sociological theory — functions of law, law as a means of social control, the jurisprudence of interests (Roscoe Pound). · LLB · 60 min
The schools that look at what law does rather than what it is or where it came from. The lecture covers topics 11 to 13: the sociological background (Comte, Spencer, Durkheim), Ihering's law as a means to an end, Ehrlich's living law, Duguit's social solidarity, Pound's social engineering with the jurisprudence of interests and the jural postulates illustrated from Indian statutes, the functions of law as a means of social control, and the realist movement (Holmes, Gray, Frank, Llewellyn and the Scandinavians), with the criticisms of each. It closes with sociological jurisprudence and realism in Indian practice: public interest litigation, Vishaka, Article 141, Kesavananda Bharati and the Vellore Citizens case on sustainable development. Pound, Duguit or realism is asked in every paper.
Objectives
- Explain the sociological approach to law and its background in Comte, Spencer and Durkheim.
- State the theories of Ihering (law as a means to an end), Ehrlich (the living law) and Duguit (social solidarity) with their criticisms.
- Explain Pound's theory of social engineering, his classification of interests, his jural postulates with Indian examples, and the criticisms of the theory.
- Describe the realist movement: Holmes's prediction theory and the bad man, Gray, Frank's fact-scepticism, Llewellyn's rule-scepticism and the Scandinavian realists, with the criticisms.
- Apply sociological jurisprudence and realism to Indian practice: PIL, Vishaka, Article 141, Kesavananda Bharati and Vellore Citizens.
Slides
- The sociological approach and its background: Comte, Spencer, Durkheim
- Ihering and Ehrlich: law as a means to an end, and the living law
- Duguit: social solidarity, no sovereignty, no rights
- Pound I: social engineering and the jurisprudence of interests
- Pound II: the jural postulates, with Indian examples
- Criticism of Pound; the functions of law as social control
- Realism I: Holmes and Gray
- Realism II: Frank, Llewellyn, the Scandinavians and the features of realism
- Criticism of realism, and its value
- India I: Article 141, PIL and Vishaka
- India II: Kesavananda, Vellore Citizens, and the relevance today
- The schools compared: summary of Unit II
Loading the lecture…