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  • 8/18/2019 juris project roscoe pound satvik.docx



    PROJECT TITLE: Social Engineering By Roscoe Pound

    SUBJECT: Jurisprudence

    NAME O T!E ACULT": Ar#ind Na$% Tripa$%i


    SEMESTER : *$% Se+es$er

    , - P a g e

  • 8/18/2019 juris project roscoe pound satvik.docx


    ACKNOWLEDGEMENT Writing a Project is one of the most significant academic challenges I have ever faced.

    Though this project has been presented by me but there are many people who remained in

    veil, who support and helped me to complete this project.

    I am very thankful to my subject teacher Asst Prof. Arvind ath Tripathi without the kind of 

    whom and help the completion of my project was herculean task for me !he donated her 

    valuable time from her busy time to help me to complete the project. I thanks to all of them

    who help in my completion of project

    . - P a g e

  • 8/18/2019 juris project roscoe pound satvik.docx


    Contents AC(NO/LE&)EMENT000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000001


    C%ap$er 2 I00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000003

    ROSCOE POUN& T!EOR" :00000000000000000000000000000000000000000000000000000000000000000000000000000000003

    C%ap$er . :00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000003

    PRO)RAMME O T!E SOCIOLO)ICAL SC!OOL0000000000000000000000000000000000000000000000000,,

    Social Legalisa$ion As A Tool or Social Engineering:0000000000000000000000000000000000000000,.

    C!APTER III0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 ,.

    CRITICISM A)AINST POUN&4S T!EOR":0000000000000000000000000000000000000000000000000000000000000,.

    Bi5lograp%y :6000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 ,7

    1 - P a g e

  • 8/18/2019 juris project roscoe pound satvik.docx


    INTRODUCTION  "an is a social animal and needs a society for his living, working and enjoying life #  . A

    group of individual forms a society. !ociety has become an essential condition for human life

    to develop his or her personality. Therefore society and human life always go together $  .

    %very human being has also born with some desires and e&pectations which are inherent in

    nature. 'rom childhood to till old age, every human being e&pects that his or her desire is to

     be fulfilled for which their arise conflict of desires or claims which comes under the term

    interest. It is impossible to fulfil all the desires of a human being. !o to fulfil the desires of 

    ma&imum human being for the welfare of society the concept of !ocial %ngineering was

    emerged and which was coined by (oscoe Pound. The force which asks for the adoption of 

    !ocial engineering is nothing but the conflict of interests of individuals. Interests more

     particularly the conflicting interest are the subject of !ocial %ngineering. !ocial engineering

    is based on the notion that )aws are used as a means to shape society and regulate people*s

     behaviour. It is an attempt to control the human conduct through the help of )aw.

    According to Pound )aw is social engineering which means a balance between the competing

    interests in society, in which applied science are used for resolving individual and social


    About Roscoe Pound+  Roscoe pound was born on -ctober $, #/0, in )incoln ebraska

    to !tephen 1osworth Pound and )aura Pound. Pound studied botany at the 2niversity of 

     ebraska in )incoln, where he became a member of Acacia 'raternity. 3e received his

    1achelor*s degree in #/// and his master degree in #//4. In #//4 he began the study of law,

    he spent one year at H!"!d but ne"e! !ece#"ed  $% de&!ee.

     3e received the first P.3.5. in botany from the 2niversity of ebraska in #/4/. 3e was an

    Au&iliary judge of the supreme court of ebraska for a period of two years during #40#

    #406. Thereafter, he worked as 5ean of the )aw !chool at ebraska. 3e also served as a

     professor of 7urisprudence in 3arvard 2niversity and was the 5ean of its law school. 3e was

    a profile writer and his major works includes' 

    , C.N.SHANKER RAO, Sociology Primary Principles, 3rd ed 2000, Pulis!ed y S. C!and "

    Company #$d Ne% &el!i, pg. '((

    . S.R.)A*NEN+,-R+SPR-&ENCE#E/A# HEOR*1,2nd ed reprin$ 200,S,P. /ogiaAsia #a%  House1Hyd.pg (''

    8 - P a g e

  • 8/18/2019 juris project roscoe pound satvik.docx


    The spirit of the common )aw 8#4$#9: An introduction to the Philosophy of )aw8#4$$9:

    Interpretations of legal history 8#4$69: )aw and "orals8#4$;9:The formative era of the

    American )aw 8#46/9: rowth

     procedure and significance8#4=$9: !ocial control through law 8#4=$9: The task of law 8#4==9

    etc.(oscoe pound was one of the most leading and influential jurists who developed the

    American sociological jurisprudence in a systematic form. 3e emphasised on inter 

    disciplinary approach to law so that rule of law and life may flow together. 3e treated law as

    a means for affecting social control and did not believe in the abstract or mechanical

    application of law. 3e is considered to be the father of American !ociological 7urisprudence

    for his uni?ue contribution to the science of law and legal philosophy. The emergence of 

    (ealist !chool in America in later years owes its origin to Pound*s functional jurisprudence

    and theory of interests.

    5uring the #4th century the concept of police state began to wither away and the concept of 

    welfare state took precedence due to rapid increase in population, social revolutions leading

    to social unsettlement. Analytical positivism in such matters failed to meet the demands of 

    social stability giving way to sociological approaches of law. !ociological jurisprudence a

     part of sociology 8the science of social order and progress9 predicts and prescribes social

     behaviour, led to the distinction between a legal sociologist and sociological jurist.

    (oscoe [email protected] theory of sociological jurisprudence, firstly talks of a (ctu$ stud),

    secondly soc#$  #n"est#&t#ons, thirdly  *ust nd !esonb$e so$ut#ons and lastly t+e

    c+#e"eent o( t+e -u!-oses o( "!#ous $%s. 3e appreciated the task of lawyer to that of 

    an engineer to build an efficient structure of society with the satisfaction of the ma&imum of 

    wants with a minimum of friction and waste. It speaks about balancing of conflicting interests

    or defector claims wherein the interests are categorised into individual public and social. The

    theory gives predominance to social interests as compared to public and individual interests.

    * - P a g e

  • 8/18/2019 juris project roscoe pound satvik.docx


      Chapter – I


    Pound is the most systematic writer on the sociological jurisprudence. Pounds concentrated

    more on the (unct#on$ s-ect o( $%. That is why some writers name his approach as

    (unct#on$ sc+oo$. 'or pound, the law is an ordering of conduct, so as to make the good of 

    e&istence and the means of satisfying claims go round as far as possible with the least friction

    and waste with a minimum of friction.


    (oscoe Pound*s concept of law is of practical importance which inspires judges, legislators

    and jurists to mould and adjust law to the needs and to interests of the community. !ince the

    society is always changing law should be continually adapted and readapted to the needs of 

    individuals and society. 3e, therefore, stresses the need of paramount coordination and co

    operation between the legislators, administrators, judges and jurists to work in unison towards

    the realisation and effective implementation of law for securing social harmony and social

     justice to the general public with the a minimum of waste or friction and ma&imum of 

    material satisfaction of wants, needs and interest


    (oscoe pound conceived law as a soc#$ Ennee!#n&* its main task being to accelerates the

     process of social ordering by making all possible efforts to avoid conflicts of interest of 

    individuals in the society . Thus courts, legislators, administrators and jurists must work with

    a plan and make an effort to maintain a balance between the competing interests in society.

    3e enumerates various interests which the law should seek to protect and classified them into

    three broad categories, namely

    P!#"te Inte!ests 0 Ind#"#du$ Inte!est ' Individual interests, according to pound are claims,

    or demands or desires, involved in and loo