Thursday, 22 February 2018

Roscoe pound social engineering theory


              Roscoe Pound Social Engineering Theory






Roscoe pound social engineering theory
Roscoe pound social engineering theory

                                 

Roscoe pound is considered to be the "American Leader" in the field of Sociological Jurisprudence.He  made a significant contribution to jurisprudence in the tradition of sociological jurisprudence, He is the most systematic writer on sociological jurisprudence,
His best-known theory consists of
conceptualising law as social engineering.  which emphasized on the importance of social relationships in the development of law and vice versa. According to him ,the end of the law should be satisfy a maximum of wants with maximum of friction.



                            The Task of Law is " Social Engineering "


Pound's main thesis is that the task of law is   "social engineering " He says that Law is a social institutions to satisfy the social wants .the claims and demands involved in the existence of the civilized society must be fulfilled  through the social institutions by giving effect to as much as we may with least sacrifice , such wants may be satisfied by an ordering of human conduct through politically organised society.the end of the law should be to satisfy a maximum of wants with minimum of friction.

"Social Engineering " Means a balance between the competing interest in the society"


Pound called "jurists" as a social engineer and the social engineering means to maintain a balance between the competing interest in the society , Jurist must work with a plan ,He entrusts the Jurist with the commission . Jurists should study the social effects of legal institution and legal doctrine .jurists should study the means of making legal rules effective , study of judicial method, sociological legal history .pounds thinks that it is the duty of the jurists to classify and expiate the interest to be protected by law.

Pounds himself enumerates the various interest ,which are to be protected by law . He classifies them under following three heads-

(A) Private interest , (B) Public interests , and
(C) social interests .

 private interest 

  it includes
      
(a) the individual interests of personality: 

      i.e - physical integrity , reputation, freedom of conscience .they are safeguarded by the criminal law, law of tort, law of contract.

(b) individual interest in domestic relations:

    i.e  Marriage , Relations of husband and wife , parents and children . Claims to maintenance

(c) Interests of substance :

    i.e : proprietary rights , inheritance and testamentary succession .

Public interests

    it includes the following

     (a) interests in the preservation of the state .

     (b) interests of the State as the guardian        
           
    
 Social interests 

      it includes

     (a) interests in the preservation of peace and order and maintaining general security.

     (b) interest in preserving social institutions like marriage and religious institutions.

     (c) interest in conserving social resources.

     (d) interest in the promotion of human personality.



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