Sociological jurisprudence has a tendency to say that, when interpreting and applying the law, courts should pay attention to changing social values and let the law reflect those new values. How is this different from the natural law approach, which also talks about values?
Expert Answer
The basic difference between Sociological jurisprudence and natural law approach is that there is almost no difference in Sociological jurisprudence when it comes to goodness or badness of new values. All the laws are evaluated with reference to the social context. This can also be understood by the “Right or Wrong” statement of Holmes on this subject.
In order to understand this difference, let us consider a country X is going to the dogs with morality. As per the Sociological jurisprudence may propose that new values or anti values must be adopted by the court as there is no fit of laws to the society’s dominant values cannot be implemented or adhered and thus cannot be implemented for long. But this stance will be rejected by the natural law as it will result in the creation of unfair and unjust laws which is not a law as per natural law