This theory states that social facts must be taken into consideration in the making, interpretation and application of law. Its goal was to build such a structure of society where the satisfaction of maximum wants was achieved with minimum friction and waste. There should be a sound balancing of competing interest.
For any legal order to be successful in structuring an efficient society, there has to be :-
- A recognition of certain interests - individual, public and social.
- A definition of the limits within which such interest will be legally recognized and given effect to.
- Securing of those interest within the limits as defined.
For deciding upon the scope, the following steps are required:-
- Listing out the various interest.
- Choosing which is to be legally recognized.
- Defining the limits of the interests so selected.
- Deciding upon the means to be used to secure those interests, and
- Determining how the interests are to be valued.
There are a few cons of this theory which are as follows:-
- It fails to maintain the balance between the competing interests.
- Does not provide yardstick for evaluation of the interest.
- It gives more importance to judiciary.
- Distinction between the various interests is not very clear.
- The recognition of the interest is a matters of policy; the theory does not specify this policy.
It is to be stated that however divergent the views of various sociological jurists may appear, they have common point that the law must be abided in relation to the society.
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