New Interests and Jural Postulates by Roscoe Pound: 6

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New Interests and Jural Postulates by Roscoe Pound:

The recognition of a new interest is a matter of policy. Interests need only be considered as and when they arise in disputes; the matter that is of importance is the way in which they are viewed and evaluated by the particular judge. As society progresses, Pound noted that ‘new interests’ will emerge or evolve. Notice that international human rights law has witnessed the evolution of new generational human rights in addition to the traditional first and second generational rights. Recognition of such new interests would be realised subsequent to their being tested by reference to ‘jural postulates’ of a civilised society. Those postulates embody societal values. Such reference would enable legislators to consider possible modification of values through legislative reforms.

In broad sense they are categorised in three groups.

Jural Postulate-I – In civilized society men must be able to assume that other will commit no intentional aggressions upon them.

Jural Postulate-II - In civilized society men must be able to assume that they may control for beneficial purposes what they have discovered and appropriated to their own use, what they have created by their own labour, and what they have acquired under the existing social and economic orderly.

Jural Postulate-III - In civilized society men must be able to assume-that those with whom they deal in the general intercourse of society will act in good faith.

According to Pound, pursuant to the postulates, the citizens in a civilised society are entitled to assume:

(a) That others will commit no intentional aggression upon them;

(b) That they may control for beneficial purposes what they have discovered, created or acquired;

(c) That promises will be carried out in good faith and that unreasonable and unjust enrichment will be prevented as far as possible;

(d) That persons engaged in a course of conduct will act with due care so as not to create unreasonable risk of injury to others;

(e) That citizens shall be entitled to assume that the burdens incident to social life shall be borne by society; and

(f) That, as a minimum matter, ‘a standard human life’ shall be assured to every citizen.