Sociological jurisprudence according to Pound: 3

Read Part 1
Read Part 2

Sociological jurisprudence according to Pound:

Sociological jurisprudence, according to Pound, should ensure that the making, interpretation and application of laws take account of social facts. Towards achieving this end there should be;

a. A factual study of the social effects of legal administration,

b. Social investigations as preliminaries to legislation,

c. A constant study of the means for making laws more effective, which involves,

d. The study, both psychological and philosophical, of the judicial method,

e. A sociological study of legal history,

f. Allowance for the possibility of a just and reasonable solution of individual cases,

g. A ministry of justice in English-speaking countries, and

h. The achievement of the purposes of the various laws.

So in order to achieve the purposes of the legal order, in the words of Pound, there has to be;

a. A recognition of certain interests, individual, public and social,

b. A definition of the limits within which such interests will be legally recognised and given effect to, and

c. The securing of those interests within the limits as defined.

When determining the scope and subject-matter of the system, the following five things require to be done;

i. Preparation of an inventory of interests, classifying them;

ii. Selection of the interests which should be legally recognised;

iii. Demarcation of the limits of securing the interests so selected;

iv. Consideration of the means whereby laws might secure the interests when these have been acknowledged and delimited; and

v. Evolution of the principles of valuation of the interests.

The Task of Law is Social Engineering : 2

Read Part 1

The Task of Law is Social Engineering - Pound’s main thesis is that the task of law is ‘social engineering’, He says - “For the purpose of understanding the law of today, I am content with a picture of satisfying as much of the whole body of human wants as we may with the least sacrifice. I am content to think of law as a social institution to satisfy social wants, the claims and demands involved in the existence of civilized society - by giving effect to as much as we may with least sacrifice, so far as such wants may be satisfied or such claims given effect to by an ordering of human conduct through politically organized Society.

By ‘social engineering’ Pound means a balance between the competing interests in society. He entrusts the jurist with a commission. He lays down a method which a jurist should follow for ‘social engineering’. He should ‘study the actual social effects of legal institution and legal doctrines, study the means of making legal rules effective, sociological study in preparation of law-making, study of judicial method, a sociological legal history and the importance of reasonable and just solutions of individual cases.’ He himself enumerates the various interests which are to be protected by the law. He classifies them under three heads - Private interests, Public interest and Social interests. Pound linked the task of the lawyer to engineering, an analogy which he used repeatedly. The aim of social engineering is to build as efficient a structure of society as possible, which requires the satisfaction of the maximum of wants with the minimum of friction and waste. It involves the balancing of competing interests.

Roscoe Pound and the Social Engineering Theory:1

Social Engineering: 

In America, the law school and the jurist enjoy a status superior to that of their counterparts in Great Britain. These factors have combined to produce an American movement in sociological jurisprudence lead by Roscoe Pound of the Harvard Law School. “The aim of Social Engineering is to build an efficient structure of the society as far as possible which involves the balancing of competing interests.” said Pound.

Functional approach to Law:

Pound’s approach was for a functional approach to law. Also, his approach harmonizes with that of the utilitarian school which propounds the greatest happiness of the greatest number of people. All he was mostly concerned about was the need for the legal order to influence societal needs so that the law would not appear foreign or alien to the people. He was, therefore, desirous of bridging the gap between the law in textbooks and the law in action.

In any case, lists of interests are only the products of personal opinion. Different writers have presented them differently. As Pound himself says, in most cases it is preferable to transfer individual interests on to the plane of social interests when considering them. It is the ideal with reference to which any interest is considered that matters, not so much the interest itself.

Pound concentrates more on the functional aspect of law, that is why some writers name his approach as ‘functional school’. For Pound, the law is an ordering of conduct so as to make the goods of existence and the means of satisfying claims go round as far as possible with the least friction and waste. According to him, the end of law should be to satisfy a maximum of wants with a minimum of friction.

Short Q n A: High voltage AC circuit breakers - 1

1. What are circuit breakers?

Answer. Circuit breakers are atomatic switches.

2. What is the function of circuit breakers?

Answer. prediction of the power system circuit or power supply circuit  or electrical equipment.

3. Which thing can be done by a circuit breaker?

Answer. Circuit breakers can interrupt fault currents.

4. What is pole?

Answer. The part of circuit breaker connected in one phase is called the pole.

5. What are single pole and triple pole circuit breakers?

Answer. single pole circuit breaker is suitable for single phase system triple pole circuit breaker is suitable for 3-phase system.

Inter Alia

Image Credit: depositphotos.com

1.    Inter Alia is a Latin phrase for "among other things."

2.    The phrase inter alia is used in sentences in place of the phrase “among other things,” to indicate that what is being discussed is just one of a number of items or possibilities.

3.    You use inter alia, meaning 'among other things', when you want to say that there are other things involved apart from the one you are mentioning.

4.    This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed."

5.    This phrase is used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute.

6.    Inter alia is also used when reporting court decisions to indicate that there were other rulings made by the court but only a particular holding of the case is cited.

7.    It is used to indicate that something is one out of a number of possibilities. For example, "he filed suit against respondents in state court, alleging, inter alia, a breach of contract."

8.    It was very firstly used in 1665.

Short Q & A: Big data ecosystem.

Hello law knowledge seekers. In this blog again there are short Q and A for you based on data protection.

Image credit: www.tibco.com

Q. Enlist parts of Big Data Ecosystem?

Ans. Other technological developments such as artificial intelligence, machine learning, the Internet of Things are all part of the Big Data ecosystem and their use is becoming increasingly commonplace.

Q. What are the two different models of the data protection?

Ans. 1) European Union (EU) model and 2) American Marketplace Model

Q. What are the tree main perspectives of Data protection?

Ans. Protection of personal data -

1. Everyone has the right to the protection of personal data concerning him or her.

2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

3. Compliance with these rules shall be subject to control by an independent authority.

Q. What is main base of EU model?

Ans. The EU model or European Union Model of Data protection is completely based on the principle that right to privacy and right to protection of personal data are fundamental rights recognised by Article 765 and Article 866 of European charter of Fundamental Rights (EU charter).

Q. Enlist the sensitive personal data?

Ans. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and data concerning health and sex life etc. are sensitive personal data and should be collected in limit.

Q. Which principles must be complied for lawful and fair processing of personal data by an entity?

Ans. For processing to be lawful and fair, the entity collecting personal data must comply with an extensive range of principles such as that of purpose specification, data minimisation, data quality, security safeguards, etc.

Q. What are the individual participation rights guaranteed under law?

Ans. a) the right to confirm if data about oneself is being collected, b) the right to access data, c) the right to rectification of data, d) the right to data portability, e) the right to restrict processing, f) the right to erasure, g) the right to object to processing, h) the right to object to processing for the purpose of direct marketing, i) the right to object to automated decisions.

Q. What is the base of United States privacy policy?

Ans. In United States, privacy protection is essentially a liberty protection i.e. protection of the personal space from government.

Q. What are two trends in US model of data protection?

Ans. The US approach to data protection thus has two discernible trends— stringent norms for government processing of personal information; and notice and choice based models for private sector data processing.

Thanks for reading. On which subject you want notes - please comment. For more law notes please follow and share this blog.

Short Q & A: OECD

Hello law professionals and legal knowledge seekers. In this blog I am sharing some short Q & A about FIPPS and OECD. Both of them are the base of data protection law and information technology law across the globe.

Image Credit: www.isaca.org

Q. Enlist important FIPPS?

Ans. The FIPPS are as follows:

1. There must be no personal-data record-keeping systems whose very existence is secret.

2. There must be a way for an individual, to find out what information about him is in a record and how it is used.

3. There must be a way for an individual to prevent information about him obtained for one purpose from being used or made available for other purposes without his consent.

4. There must be a way for an individual to correct or amend a record of identifiable information about him.

Q. What is OECD?

Ans. Organisation for Economic Cooperation and Development who followed FIPPS in 1980s to create Privacy guidelines known as OECD guidelines.

Q. What is intention of OECD guidelines?

Ans. The OECD Guidelines were significantly inspired by the FIPPS and were intended to provide a framework for harmonising national privacy legislations amongst OECD members, while upholding human rights, and preventing interruptions in international flows of data.

Q. What is the base of data protection framework around the world?

Ans. The OECD guidelines are the base of any data protection framework around the world and are deemed to be the first internationally agreed upon statement of core information privacy principles.

Q. When did OECD guidelines updated?

Ans. OECD guidelines were updated in 2013 so that it handles the excessive use of personal data.

Q. What are the core privacy principles in 2013 OECD guidelines?

Ans. The 2013 OECD Guidelines keep the core privacy principles such as collection limitation, data quality and purpose specification etc. intact, several new elements to strengthen data safeguards have been introduced. These include: privacy management programs to enhance accountability of the data controller, data security breach notification which oblige data controllers to.

Q. What are the characteristics of Big Data?

Ans. Big Data is usually characterised by 3 Vs, namely 1) volume as in massive datasets, 2) velocity which relates to real time data, and 3) variety which relates to different sources of data.

Thanks for reading. Please comment the subject on which you want notes. Kindly share and follow this blog for more such law notes.