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Relation of Jurisprudence with other Social

Sciences

Bishal Khanal
• No branches of knowledge can be studied in isolation

• All social science subjects have direct or indirect relations

• Paton says jurisprudence trenches on the field of social sciences and


philosophy

• Julius Stone says the idea and concept of law are derived from other
science

• Jurisprudence was studied separately making independent from


political science/political philosophy
• MC Cardie says – earlier Barrister’s work was limited
within the legal rules. But today they have greater
need of the knowledge of culture, history, economics,
sociological sciences among others

• Roscoe Pound observes “ jurisprudence, ethics,


economics, politics and sociology are distinct enough
at the core, but shed out into each other…… All the
social sciences must be co-worker and emphatically all
must be coworkers with jurisprudence”
Jurisprudence and Sociology
• Sociology in general deals on the social system and behavior

• The phenomena studied by sociologists has relation with


law and so sociology would be intimately connected with
jurisprudence

• The lawyers are concerned mainly about law and may not
be interested on how those rules would govern behavior of
ordinary people
• It help find the causes of crime and non abidance of law in the society

• As an example the law of contract deals with rules relating to contract


but do not mention how often breaches of contract are done

• A lawyer is essentially interested in those who frame the rules and


execute them in given society

• Sociological theory of jurisprudence , a separate branch of


jurisprudence concerned with the influence of law in society

• Sociological approach to legal problems is different from of the lawyer


• Increase of widespread crime in society is a social problem and to
understand its pros and cons, one should have knowledge of society

• Sociology helped the jurisprudence in its approach to prison reforms and


suggested ways and means of preventing social wrongs

• Sociology help bridge between the law and society

• Paton says relation between law and social interest can be usefully studied.
That would help understand better on the evolution of law

• Kelsen says lawyers need to be aware of the social system in order to


properly understand the legal system.
Jurisprudence and Psychology
• Psychology has been defined as the science of mind and behavior

• No human science can be discussed properly without thorough


knowledge of human mind and its close connection with
jurisprudence

• In the study of criminal jurisprudence there is great scope of


psychological principles to understand the causes and intention of
committing crimes – as motive, and intention of committing crime

• Lawyers can understand the mental state of criminal


• Jurisprudence in general is about external
conduct of human beings and not of thought
and mental process but penology has been
benefited from knowledge made available by
psychological study and researches

• Intention, motive, negligence etc are mental


conditions from part of jurisprudence and
psychology
Jurisprudence and Economics
• Traditionally economics is the science of wealth, and
jurisprudence is the science of law

• Often, economic factors are responsible for crime

• Law makers are expected to tackle the economic problems

• Jurisprudence teaches legislators how to make law which


will promote economic and social welfare
• Various laws as factories, labor, insurance, bonus,
land reforms, etc has relation with economy

• Both jurisprudence and economics help for the


welfare/progress of society

• Socialist jurists consider economics as the


foundation of law
Jurisprudence and Politics
• Friedman says that jurisprudence on the one hand is
linked with philosophy and on the other politics

• Politicians contribute to making law

• In politically organized society there exist regulations or


laws

• Law itself was developed based on politics


Jurisprudence and History
• There is a historical school of jurisprudence
dealing with historical context of law

• History guided the situation for the evolution of


law

• This school focus that law was evolved from the


society/ community
Law and Ethics
• Ethics is concerned with good and proper human conduct

• Committing crime is not only illegal but immoral as well

• Legislators are expected to make law based on ethics/morality

• Telling lies sometimes not illegal but unethical

• Many crimes are illegal and unethical as well


Thank You

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