Law, Social Justice and Social Changes
By
N. Karia
Sociological Approach of Law
Law is but a part of human society. Its purpose is to further and protect the interests of society. The problem of society is to reconcile selfish with unselfish social purposes and to suppress the former when they clash with the latter. Law is the sum of the conditions of social life in the widest sense of the term, as secured by the power of the state through the means of external compulsion.1
According to Bentham, laws should endeavour to promote the happiness of the greatest number. In order to achieve this object, there has to be balancing of individual interests with social welfare. As per Bentham’s view laws should be made which would make anti-social behaviour unprofitable.
According to Roscoe Pound, sociological approach should ensue that the making, interpretation and application of laws take account of social facts. To achieve this target, there should be. ....