Roscoe Pound Flashcards
Brief Overview of Roscoe Pound’s approach
Roscoe Pound primarily focused on the interlinking between law and society. He took an approach that was based on the premise of social engineering and social jurisprudence, through which he explored the nuances in the interplay of law and society.
What is social jurisprudence?
Social jurisprudence is the combination of sociology with law and Pound used the concept to explain how societal factors affected the legal system. According to the same, social jurisprudence works where orders of the state are enforced by a coercive authority in the interest of society. Such coercive authority is to be enforced for the wellbeing of society and not for the individual or private gains of the state & associated figures.
What is social engineering?
Roscoe Pound repeatedly likened the role of lawyers to engineers. He proposed that the aim of social engineering is to build an efficient structure with minimum friction and waste. It involves the balancing of competing interests in society.
What are interests according to Pound?
Interests are conscious desires of individuals which are relevant enough for the state to assist with. Pound classified three interests: Individual, Social, Public
What are individual interests?
Interests of the individuals that they wish to attain at the moment. They mostly deal with private laws. When organised they become social interests.
They involve:
Interests of Personality - physical person, honour and reputation
Domestic Relations - interests of parents, children, spouses
Substance - Property, industry and contract etc.
What are Social interests?
Interests of groups or collectives within societies such as educational or religious groups. May include an interest such as improvement of living conditions.
What are public interests?
Interests of the people or of society as a whole. It is a facet of social interest.
What are Pound’s five basic expectations of a member of society?
- No act of aggression would be unleashed against them
- Every individual is in control of elements they are entitled to, for example, their own property.
- Every individual must act in good faith.
- Every individual must exercise due diligence.
- Every individual is responsible for the elements they are in control of. For example A owns a dog and has control over it, it must not bite B.
Can interests overlap? How does pound propose we reconcile overlapping of interests.
Pound concedes that interests may overlap and may at times be conflicting in nature. He proposes that social engineering is the answer to such situations, wherein the lawyer must create a system wherein the least friction is induced to create maximum attainment of interests.
What is the process propounded by Pound to deal with overlapping interests?
- Identify and create inventory of all interests
- Identify conflicting interests by identifying juristic postulates.
- Demarcate the limits of the secured interests (eg 50% reservation)
- Evaluating these interests, consider means to secure them.
- Resolve such conflicts by harmonising their valuation to society while maximising their attainment.
Social Interests consist of?
General Security - These can curtail individual interests
Security of Social institutions -
Protection of General Morals
Conservation of social resources
General Progress.
