The main subject matter of sociology is Society. Sociology is the study of society, human behaviour, and social changes. jurisprudence is the study of law and legal aspect of things. The Sociological school of Jurisprudence advocates that the Law and society are related to each other. This school argues that the law is a social phenomenon because it has a major impact on society.

Sociological school of law focuses on studying the law in practice with relation to the society. They lay emphasis on actual social conditions and situations which require the help of the law.

The characteristics of Sociological school of law:

1. The Sociological School of Law prioritizes the practical application of law over its theoretical underpinnings.
2. They view law as a social institution that is fundamentally connected to other sciences and that directly affects society because laws are created in response to social needs.
3. The Sociological School of Law entirely disregards positivism, or the authority of the sovereign, as well as historical jurisprudence.
4. Sociological jurists define the law in terms of court rulings and decisions with a realistic approach to law, or they define the law in terms of its functional component.
5. Rather than focusing on the substance of law, sociological jurists are more interested in how the law functions and operates.

Meaning of Sociological school of Jurisprudence

The purpose of sociological education is to create a connection between society and the law. This school placed a greater focus on the legal aspect of every issue and social transformation. Law is a social construct with a relationship to society that can be either direct or indirect. The goal of the sociological school of law is to achieve a balance between the welfare of the state and the individual.

Reasons for the Emergence of the Sociological School:

• The main motivation behind the establishment of the sociological school of jurisprudence is laissez-faire. When it comes to dealing with the economy, society, or individuals, it alludes to the policy of little government intervention. "Laissez-faire is the policy of minimum governmental interference in the economic affairs of individuals and society," according to the Britannia dictionary.
   
• This law came into being as a result of the Laissez-faire practice's growing significance. But now that laissez-faire has grown and developed, there appears to be more importance placed on personal development. Since the sociological school promotes striking a balance between the interests of the individual and the welfare of the state, it emerged as a reaction against laissez-faire.
   
• Both pragmatics and progressives shared an optimistic belief in the social sciences' ability to find justice, the public good, and the most effective ways to attain it. They were both melioristic in approach. The functional and instrumental approaches to law, which are manifestations of pragmatism, serve as the cornerstone of the socio-legal school.

Jurist of the Sociological School of Jurisprudence
Montesquieu (1689-1755):
Montesquieu was the French philosopher and he paved the way of the sociological school of jurisprudence. He was of the view that the legal process is somehow influenced by the social condition of society. He also recognized the importance of history as a means for understanding the structure of society and explained the importance of studying the history of society before formulating the law for that society.

Generally speaking, Auguste Comte (1786-1857) is credited with founding the field of sociology. One could refer to Comte's approach as "scientific positivism." He argues that sociology should be a discipline that follows the scientific approach. Similar to an organism, society can advance when it follows scientific principles. These guidelines ought to be developed from fact-based observation and experience, omitting any philosophical or similar notions. There are numerous ramifications for Comte's theory. He had a significant impact on the scientific and philosophical ideas of his day.

Organic Theory of Society: Herbert Spencer (1820-1903) provided a scientific explanation of the organic theory of society. He used sociology to apply this social evolution pattern. Professor Allen has provided a very elegant summary of the organic hypothesis. In terms of sociology, the interdependence of organisms refers to the relationships between all individuals of a civilized society as well as the distribution of a sense of responsibility that goes much beyond what can be included in the concept of "Sovereign and Subject." It made clear how important it is to evaluate the law in light of other social processes."

Ihering, a sociological jurist who lived from 1818 to 1892, is renowned for his seminal book "spirit of the law." His theory is known as "Jurisprudence of Interest," which emphasizes the sociological aspect of Sociological School of Law. He was against the theory of individual welfare and in favor of the idea that the social interest of society must take precedence over an individual's interest and that the goal of the law is to protect the interest of society.

Eugen Ehrlich (1862-1922): The field of sociology of law is credited to Eugen Ehrlich. The sociological study of law is known as sociology of law. Ehrlich believed that society was the primary source of law. By "association of men," he also implies "society." "The center of gravity of all legal developments is not in legislation or judicial decisions, but in society itself," Ehrlich had stated. He maintained that laws originate more from society than from legislation or court rulings.

Pound, Roscoe (1870-1964): Pound was a legal scholar from America. According to him, law should be learned as it actually operates rather than only as it is written in books. He was one of the most significant and prominent jurists who contributed to the methodical development of American social jurisprudence. He saw the law as a tool for enforcing social control, and he made a significant contribution to jurisprudence. the way in which the law functions.

Leon Duguit (1859-1928): Leon Duguit was a French Jurist and leading scholar of Droit Public (Public Law). He was greatly influenced by the Auguste Comte and Durkheim. He gave the theory of Social Solidarity which explain the social cooperation between individuals for their need and existence. Duguit's theory was based upon Auguste Compte's statement that "the only right which man can possess is the right towards his duty."

Sociological Jurisprudence with Indian Perspective
Many laws and enactments in India exhibit sociological jurisprudence. The Indian Constitution has included sociological jurisprudence. The Indian Constitution's Part III, which lists the fundamental rights that all citizens and residents of this nation are entitled to, is the only section that addresses these rights. These rights are granted by acknowledging each person's unique private and public interests. Additionally, in a number of cases, the notion of sociological jurisprudence has been brought up and taken into account when rendering a decision.

According to the ruling in Ashok Kr Gupta & others v. State of Uttar Pradesh, this court is not required to adopt an interpretation that obstructs social integration or progress. In Union of India & Anr v. Reghubir Singh, the court made the observation that when formulating new rules and norms, it is important to take historical social conduct and experiences into account. The court concluded in State of Madras v. Champakam Dorairajan that basic rights cannot be superseded by Article 46, which is a directive principle.

Conclusion
It must be mentioned, regardless matter how different the opinions of different sociological jurists may seem. They all agree on one thing: society must be taken into consideration when studying the law. This point of view greatly influences contemporary legal theory. However, this does not imply that alternative approaches are no longer used in any way. There are still proponents of "variable content" natural law theory. Some Catholic jurists argue that morality and the law should always be closely related. However, these approaches are influenced by the sociological approach and are fundamentally different from previous approaches of this kind on the issue in many ways.

Written By: Akanksha