Roscoe Pound (1870-1964) was an influential American legal scholar and educator. His work has had a significant impact on the development of jurisprudence, particularly in the context of sociological jurisprudence, which emphasizes the social purpose and practical effects of law.
Social Engineering and Law
One of Pound’s major contributions to legal theory is the concept of law as social engineering. Pound believed that law should be used as a tool to balance competing interests in society and achieve social good.
According to Pound, the law is akin to a blueprint used by the social engineer to design a society that maximizes interests and minimizes conflicts. He viewed the task of the law as a process of adjusting and reconciling various societal demands, considering the needs of the individual and society as a whole.
The Concept of Jural Postulates
Pound’s concept of jural postulates is another significant aspect of his legal theory. Jural postulates are assumptions about the law that society generally accepts. For Pound, these were the basic normative claims that law should satisfy in a given society.
Pound identified five jural postulates for a legal system in a modern democratic society. These include the postulates that law should recognize and protect individual freedom, that human will should have a large role in legal determinations, and that law should uphold the integrity of promises (contracts).
Sociological School of Law
Pound is often credited with the establishment of the sociological school of law. This approach to legal theory stresses that law should serve society, and it should be studied and understood in its social context.
Sociological jurisprudence, as envisaged by Pound, advocates for an examination of the law’s actual social effects rather than just its abstract legal principles. It emphasizes the importance of empirical research in understanding law and its impact on society.
In this view, law is not just a set of rules but a social institution that must adapt to societal needs and changes. This perspective has had a profound influence on contemporary legal thought and has shaped many areas of law, including tort law, contract law, and administrative law. Pound’s theories, while not without their critics, have made a lasting impact on legal philosophy. His focus on the practical effects and social purpose of law continues to inform legal scholarship and practice to this day.