Roscoe Pound and Sociological Jurisprudence

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INDEX

  1. Roscoe Pound – Introduction
  2. Social Engineering
  3. Interest Theory
  4. Jural Postulates
  5. Criticism
  6. Case Law
  7. Conclusion
  8. Bibliography
  1. Roscoe Pound – Introduction

Roscoe Pound was one of the leading figures in twentieth-century legal thought. As a scholar, teacher, reformer, and dean of Harvard Law School, Pound strove to link law and society through his “sociological jurisprudence” and to improve the administration of the judicial system. In the early decades of the century, Pound was viewed as a radical thinker for arguing that the law is not static and must adapt to the needs of society. By the 1930s, however, he was seen as a more conservative figure, fighting the growth of federal government.[1] Pound was born on October 27, 1870, in Lincoln, Nebraska. The son of a judge, Pound attended the University of Nebraska, earning a bachelor of arts degree in botany in 1888. His father convinced him to attend Harvard Law School, but he stayed only one year. The death of his father led Pound to return to Lincoln, where he passed the Nebraska bar examination and was admitted to the bar in 1890.[2] A gifted scholar, Pound could have had a distinguished career in the sciences, but his appointment in 1901 as a commissioner of appeals for the Nebraska Supreme Court permanently shifted his career to the law. As a commissioner he acted as a temporary appellate judge, helping to reduce a backlog of cases. His opinions emphasized substance over procedure and reflected a concern with the practical effect of the law. In 1903 he was appointed dean of the Nebraska College of Law.[3] Roscoe Pound also made a significant contribution to jurisprudence in the tradition of sociological jurisprudence, which emphasized on the importance of social relationships in the development of law and vice versa. His best-known theory consists of conceptualising law as social engineering. According to Pound, a lawmaker acts as a social engineer by attempting to solve problems in society using law as a tool. He was a prolific writer and his major works include The Spirit of The Common Law(1921, An Introduction to The Philosophy of Law (1922), Interpretations of Legal History(1923), Law and Morals (1926), etc[4]

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  1. Social Engineering

Man is a social animal and needs a society for his leaving, working and enjoying life. A group of individual forms a society. Society has become an essential condition for human life to develop his or her personality. Therefore society and human life always go together. Every human being has also born with some desires and expectations which are inherent in nature. From childhood to till old age, every human being expects that his or her desire is to be fulfilled for which their arise conflict of desires or claims which comes under the term ,

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