Poundian Interests and Fundamental Rights

  • Rahul Singh and Ashish Pathak
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  • Rahul Singh

    LL.M. Student at Babasaheb Bhimrao Ambedkar University, Lucknow, India

  • Ashish Pathak

    LL.M. Student at Babasaheb Bhimrao Ambedkar University, Lucknow, India

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Human is a social animal and its existence can not be imagined by disintegrating him from society. The Law governing men is the result of constant forces evolving within the society to bring about harmony and common enjoyment of rights. The rise of Sociological school of Jurisprudence can be seen as a reaction to the Imperative Analytical school based upon the coercive command of the Sovereign and the inadequacy of the historical school regarding the origin and development of Law. Sociological school is mainly concerned with the Purpose and Function of Law in the society. Hence sociological jurisprudence strives to study law in terms of immediate needs and requirements of individuals and other varying social groups.1This school is concerned more with the working of law rather than the codified law, the law in action rather than static in the shelves of statutes. Since human conducts is primarily motivated by his interests so there is a need to ascertain those interests with the interests of the others and society. The purpose of the law would be therefore to regulate these interests to minimize any conflicts between them. Law is an instrument of social progress. Regard is to be given to the effect of law on society and how society affects Law making process. The participation of the individuals in the society is the determining factor in Law making process which is synonymous to VOLKGEIST of Savigny.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1216 - 1224

DOI: https://doij.org/10.10000/IJLMH.113167

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