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52 Ky. L.J. 267 (1963-1964)
Sociology and Sociological Jurisprudence: Admixture of Lore and Law

handle is hein.journals/kentlj52 and id is 283 raw text is: Sociology and Sociological Jurisprudence: Admixture of Lore and Law By GiLBERT GEmS* The life history to date of sociological jurisprudence as a school of legal thought provides much instructive material con- cerning broader intellectual developments both within the law and within sociology in the United States. The jurisprudential elements in the school have remained relatively intact, though they have been considerably refined since their initial statement by Roscoe Pound in the first decade of the century,' and in legal circles the theory is still generally regarded as the most popular movement in jurisprudence in the United States.2 Meanwhile, the domestic sociological components of the theory, drawn largely from the contemporaneous work of Edward A. Ross and Albion W. Small, have passed through several stages, ranging from their preeminent position within the main body of sociological thought at the time of their emergence to their almost total dismissal and intellectual exile today. Certainly some of the disparate success of the elements of sociological jurisprudence in the relevant academic disciplines * Professor of Sociology, Los Angeles State College. 1 Pound, The Need of a Sociological Jurisprudence, 19 Green Bag 607 (1907); Pound, The Scope and Purpose of Sociological Jurisprudence, 24 Harv. L. Rev. 591 (1911). 25 Harv. L. Rev. 140, 489 (1911-12). Sociological jurisprudence will be used here to refer exclusively to the positions taken by Pound since the school is singularly his own, despite the excellent later contributions of scholars such as Stone and Simpson. Pound tacitly acknowledges this situation, writing for instance about the task laid down in the programme of American sociological jurisprudence and then citing his own statements on the goals of his own school. Pound SociologV of Law and Sociological Jurisprudence, 5 U. Toronto L.J. 1, 5 (1943). Pounds writings can be traced through the bibliographic listings in Setaro, A Bibliography of the Writings of Roscoe Pound (1942), and Strait, A Bibliography of the Writings of Roscoe Pound, 1940-1960 (1960). The best secondary source is Reuschlein, Jurisprudence-Its American Prophets 103-154 (1951). 2 Hall, Progress of American Jurisprudence, The Administration of Justice in Retrospect 24, 29 (Harding ed. 1957).

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