by Kymii


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Sociological Jurisprudence
School of legal theory.
Roscoe Pound.
Using sociological knowledge to improve the conten and application of the law.
Implies the exsistence of an objective social science.
Lochner v New York (1905) illustrates the need for sociological jurisprudence.
The supreme court invalidates the law that restricted the number of hours people could work.
Lochner had decided this law was against his freedom.
Lochner won.
Which amendment were the restrictions against?
14th (freedom under law)
What did Pound have to say about the outcome?
Against jurisprudence as it did not follow a sociological fact, it did not protect freedom as now people could be forced to work longer than they want.
What did Oliver Wendle Holmes say?
The decision was based on sociological thought - Social Darwinism (Herbert Spencer)
Survival of the fittest.
When did this era in American law end?
New Deal
Sociology of law
Sociological thought regarding the legal system.
How does sociology of law treat law?
As one institution among many - not necessarily the most devicive.
Marx
Law is a tool of social control.
Creates a smokescreen.
SJ would just add to the smoke screen
Durkheim
Tranision from a coercive, repressive law to one where the focus is on rehabilitation.
According to Durkheim what does crim become?
Normalised and treatable - healing society, not for the sake of the individual.
But crime should NOT be seen as a normal function of society.
Tensions between SJ and SoL
SJ seeks to improve the law whilst SoL often seeks to undermine it.
Different roles of law
SJ = Sociol ills,
SL = inadequate system
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