ROSCOE POUND: 8

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ROSCOE POUND

Roscoe Pound was a dean in Harvard Law School – is known to have been the most influential proponent of the American Sociological jurisprudence. He essentially saw law as a social institution created and designed to satisfy human (individual and social) wants. He agonized over the fact that traditional scholarship focused almost exclusively on the law in the textbooks to the detriment of the law in action. Law in action refers to the law that actually reflects the current behaviour of the people. In other words, he was of the view that the society should be the focal point of law and legal development, that the social mass must be able to influence the law that regulates their behaviour. This approach has the potential to, in the long run, eliminate unjust laws. Essential features of the legal order were the securing and protection of various (often competing) interests in the society. He dwelt much on interests. Pound is considered to be the American leader in the field of sociological jurisprudence.

His main thesis is that the task of law is "social engineering." By social engineering pound means a balance between the competing interest in the society. His legal philosophy is free from all dogmas. He takes a middle way avoiding all exaggerations. He speaks of values but says that they are relative. He emphasises 'engineering' but does not forget the task of maintaining of balance. His approach is experimental. Pound's theory stands on a practical and firm ground and it has inspired great practical field-work. His emphasis on studying the actual working of legal rules in the society, the importance of social research for good saw making and pointing out the great constructive function which the law is to perform are very valuable contributions to jurisprudence. He points out the responsibility of the lawyer, the judge and the jurist and gives a comprehensive picture of the scope and field of the subject. Pound's influence on modern legal thought is great and the study of the subject is being undertaken under the light of his theory.