Sociological Jurisprudence in the United States

A view that law and legal processes can only be understood as part of society at large. Sociological jurisprudence had its origin in the work of those who argued that law is part of the historical tradition of a society. This perspective suggested the need to compare legal systems, an objective to which the social sciences easily lent themselves. Among those who provide the foundation for sociological jurisprudence was the legal realist Roscoe Pound. Pound saw the traditional view of law as too “mechanical.” Rather, law should be seen as reflecting contemporary social needs. Law is to provide a set of rules, established through accepted processes, dedicated to the resolution of disputes between and among the various interests in society. Law, thus, is not abstract principles, but rules that are applied through a legal system that possesses sufficient discretion to maximize the possibility of conflict resolution. This orientation emphasized the “realities” of the law, but also strongly urged empirical sociological research.

Analysis and Relevance

Sociological jurisprudence had a substantial impact on legal thinking in the United States. It departed from the positivist orientation that viewed the judicial function as applying law from legislatively adopted principles. Application of the sociological approach first developed national visibility in the early 1900s as Louis D. Bran- deis sought to defend a state law establishing minimum wages and maximum hours of work. He used what was called the “Brandeis brief’ to supplement legal arguments with socio-economic data to support the reasonableness of the law. The Supreme Court legitimized the approach by upholding the state law in Muller v. Oregon (208 U.S. 412: 1908). Brandeis was eventually appointed to the U.S. Supreme Court, where he was later joined by Benjamin Cardozo, who was also a leading exponent of sociological jurisprudence. In his writings on the judicial process, Cardozo consistently emphasized the social character of law. While recognizing logic and precedent as playing a key role in judicial decision making, Cardozo also argued that judges must respond to societal needs and, in doing so, be fully cognizant of social science measurement of such need. The sociological jurisprudents were the first to break from the ranks of traditional legal thinkers and were responsible for establishing a new course for American legal thought.

Notes and References

Definition of Sociological Jurisprudence from the American Law Dictionary, 1991, California

Sociological Jurisprudence in the United States