February 13, 2023

Law as a set of regulations imposed by the State was a positivist idea that gave rise to sociological jurisprudence. It claims that law is a component of social reality rather than an isolated occurrence. Therefore, only by understanding law’s socioeconomic context can it be understood properly. This school was created as a consequence of the fusion of several legal theories. The proponents of this school merged the study of law with other social science fields, treating it as a synthesis of “psychology, ethics, economics, cultural studies, history, etc.” The four main stages of sociology school development are: the empirical scientific approach to law; the influence of Darwinian evolution theory; the influence of psychological theories; and the unification stage (unification with other social sciences).

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The fundamental tenet of this school is that of the “functional” role of legislation and its impact on society. The sociological jurists “examine more for the practise of law than for its abstract meaning,” as R. Pound correctly noted. It can be argued that Roscoe Pound is the originator of sociological jurisprudence in America.

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