The fourth school of jurisprudence, known as the Sociological Jurisprudence, tends to dominate all the other schools of jurisprudence. Though the Sociological School of Jurisprudence is but young in the domain of the Common Law yet perhaps somewhat older in the Civil Law, it has already won worthy adherents and is having its influence not only in the decisions of courts, but also in the output of legislative law itself [ E.A. Albertsworth, 1922)]. The main issues which sociological jurists are wish to address are to enable and to compel law-making, and also to develop the interpretation and application of legal rules so that it takes into consideration the social facts upon which law must proceed and to which it is to be applied[ K.A Ziegert, K. A. Fundamental Principles of the sociology of Law by Roscoe Pound -Eugene Erhlich (4th ed.).
is not like jurisprudence. Sociology of law requires an understanding of the system of law no doubt. But it is still wider in scope. It seeks "perceive the relationship of systems of law to other social sub systems like economy, the nature and distribution of authority, and the structure of family and kinship relationships"[ J.A. Trevino, The Socilogy of Law: Classical and Contemporary Perspective (4th ed.).
SOCIOLOGICAL SCHOOL Imp Theorist: Roscoe Pound, Montesquieu The sociological school of law is among the many theories that were framed by numerous scholars from time to time. The significance of individuals was proclaimed by theorists and scholars. The sociological school came about with the inevitability to stabilise and promote the welfare of the civilisation and the individual. There was an inclination towards socialization. Thus, the importance of the society should be measured in light of the individual and the importance of the individual should be considered in light of the society.
Argumentative essay –Social Work- Critically discuss how knowledge of the law in social work can enable or contradict the pursuit of anti-oppressive and anti discriminatory practice. Your First name Your Last Name Course Number University Title Introduction It has always been said that knowledge is power and as such having knowledge of the law in social work will greatly affect the various practices and such help avoid discriminatory practices that may eventually occur in social work. The connections in the middle of law and social work practice are perplexing and challenged. In some national locales, law is seen as one of the center commands for social work. Rather than this accentuation on the centrality of law, others have guaranteed an alternate center order.
CHAPTER - 1 RESEARCH METHODOLOGY RELEVANCE OF THE TOPIC – Today also the theory of legal positivism is a leading one. It is of the view that law is a social construction. But criticism of the same has always been there. A large number of people and philosophers think that it is too metaphysical and irrelevant in lieu of real life concerns. The reason that a law is just, wise, efficient, or prudent doesn't give an ample justification for considering it to be the actual law.
The critical legal theory focuses on overturning and challenging accepted standards and norms. It also deals with how legal decisions that are based on political and cultural values are viewed and how they change over time. This theory argues that culture plays a significant role in law and is an important aspect when it comes to the making of laws. Different cultures have different standards and beliefs among their society and therefore different laws are established within them. Critical legal studies seeks to essentially adjust jurisprudence to expose that it is not a reasoned and logical system of wisdom instead it is an ideology that creates an unfair government and political system.
Without morality, law does not exist because it does not contain real justice. Real justice is following natural and moral law in how a person punishes and acts. Natural law is instilled into the hearts of men by God and provides a means of deciphering right from wrong. It can be “discovered by reason alone and applies to all people, while divine law can be discovered only through God 's special revelation and applies only to those to whom it is revealed and who God specifically indicates are to be bound.”12 Though one may not believe in divine or moral law, natural law can still be used to determine justice from injustice. Many do not understand that natural law and civil law are both branches of moral law, and when either are used, moral law is being referenced.
Is it an arbitrary term used to categorize our actions’ moral success? Or is it an ancient and sacred pillar based on the principles of legality and fairness? These questions are far from mutually exclusive. Justice is a social and political philosophy that governs how our actions are received and proportionately responded to within the context of the social contract. Philosopher John Rawls describes justice as “the first virtue of social institutions, as truth is of systems of thought.
Three sons and two daughters were born of that wedlock. After 14 years, Khan married a younger woman as second wife and after years of living with both wives, he drove Shah Bano who was then aged 62 years , out of her matrimonial home alongwith her 5 children. In April1978, Shah Bano filed a petition against Khan under section 125 of the Code of Criminal Procedure, in the Court of the Judicial Magistrate (First class) Indore, asking for maintenance at the rate of Rs. 500 per month, in view of the professional income of the appellant which was about Rs. 60,000 per
2. Law had both the legal and metaphysical aspects which came to be accepted by society at large even though innate with caste distinctions or without egalitarian notions. 3. The Hindu theory did not recognize the human role in the creation of law. Law was deemed to be perfect, divine and