2. THE SOCIOLOGICALAPPROACH TO THE STUDY OF LAW IS THE
MOST IMPORTANT CHARACTERISTIC OF OUR AGE. JURISTS
BELONGING TO THIS SCHOOL OF THOUGHT ARE CONCERNED
MORE WITH THE WORKING OF LAW RATHER THAN ITS
ABSTRACT CONTENT
 Sociological school of jurisprudence has emerged as a result of synthesis of
various juristic thought. The exponent of this school considered law as a social
phenomenon
 The main concern of sociological jurists is to study the effect of law and
society on each other. They treat law as an instrument of social progress. The
relation between positive law and ideals of justice also affects the sociology of
law.
NEHA TIWARI [B.A.L.L.B]

3. ROSCOE POUND
(BORN: OCTOBER 27, 1870, LINCOLN, NEBRASKA, U.S.—
DIED JULY 1, 1964, CAMBRIDGE, MASSACHUSETTS)
•POUND WAS AN AMERICAN LEGAL SCHOLAR.
-HE WAS THE DEAN OF HARVARD LAW SCHOOL…..
•HE IS CONSIDERED TO BE THE FATHER OF
SOCIOLOGICAL JURISPRUDENCE
NEHA TIWARI [B.A.L.L.B]

4. ROSCOE POUND
• ROSCOE POUND CONCENTRATES MORE ON FUNCTIONALASPECT OF LAW.
• HIS APPROACH MAY ALSO BE KNOWN AS FUNCTIONALAPPROACH.
• ACCORDING TO HIM “THE END OF LAW SHOULD BE TO SATISFY A
MAXIMUM OF WANTS WITH A MINIMUM OF FRICTION.
• "HE HAS GIVEN A THEORY OF ‘SOCIAL ENGINEERING’ WHICH MEANS A
BALANCE BETWEEN THE COMPETING INTERESTS IN SOCIETY.
• HE THINKS THAT JURIST SHOULD WORK WITH A PLAN AND
ACCORDINGLY VARIOUS INTERESTS OF SOCIETY SHOULD BE PROTECTED
BY LAW.
NEHA TIWARI [B.A.L.L.B]

5. CONT.….
•HE SAYS JURISTS MUST 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,
•STUDY SOCIOLOGICAL LEGAL HISTORY AND THE IMPORTANCE
OF REASONABLE AND JUST SOLUTIONS OF INDIVIDUAL CASES.
NEHA TIWARI [B.A.L.L.B]

6. ROSCOE POUND’S THEORY
•FUNCTIONAL ASPECT OF LAW
•SOCIAL ENGINEERING
•JURAL POSTULATES
NEHA TIWARI [B.A.L.L.B]

7. FUNCTIONAL ASPECT OF LAW
•POUND LAID GREATER STRESS ON THE
FUNCTIONAL ASPECT OF LAW.
•LAW IS AN INSTRUMENTALITY OF SOCIAL
ENGINEERING. IT IS THROUGH LAW THAT
DIFFERENT INTERESTS ARE SOUGHT TO BE
BALANCED.
NEHA TIWARI [B.A.L.L.B]

8. SOCIAL ENGINEERING
•WHEN THE DEMAND, DESIRE, EXPECTATIONS OF THE INDIVIDUAL
INTEREST ARE COMPETING AND CONFLICTING IN NATURE, THE
BALANCING INSTRUMENT USED WITH THE FORCE OF THE STATE TO
HARMONIZE AND RECONCILE THESE INTEREST PREVAILING IN THE
SOCIETY IS KNOWN AS SOCIAL ENGINEERING.
• NOTE: IT IS THE TASK OF THE LAWYER’S, THE COURTS, LEGISLATORS,
ADMINISTRATORS AND JURISTS WHO MUST WORK WITH A PLAN AND MAKE AN
EFFORT TO ACHIEVE IT.
NEHA TIWARI [B.A.L.L.B]

9. Roscoe Pound The interest has been
classified into three categories :
NEHA TIWARI [B.A.L.L.B]
 Private Interests
 Public Interests
 Social interests

10. Private Interests….
 Interests of personality – Physical integrity, reputation, freedom
of violation and freedom of conscience. For eg: law of Torts, law
of Contracts, Criminal law.
 Interest of domestic relations – Marriage, parents and children,
maintenance.
 Interest of substance – Inheritance, occupational freedom,
property.
NEHA TIWARI [B.A.L.L.B]

11. Public Interests
 Interest in the preservation of State.
 Administration of trusts, charitable endowments,
territorial waters, natural environment etc.
NEHA TIWARI [B.A.L.L.B]

12. Social interests
•Securing peace , general health, sanitation, agriculture.
•Preserving social institutions such as religion, political and
economic institutions etc.
•Preserving general morals by prohibiting transactions which are
against morality such as gambling, prostitution, drunkenness etc.
•Preservation of natural resources, reformation of delinquents,
protection of economically weaker sections of society.
NEHA TIWARI [B.A.L.L.B]

13. • FREEDOM OF TRADE AND COMMERCE, FREEDOM OF SPEECH AND EXPRESSION ,
ENCOURAGEMENT OF ARTS AND PROMOTION OF HIGHER EDUCATION.
• TO PROMOTE HUMAN PERSONALITY ENABLING TO LIVE POLITICAL, PHYSICAL,
CULTURAL, SOCIAL AND ECONOMIC LIFE TO SUIT HIS TASTE AND PERSONALITY.
THUS ROSCOE HAS TACKLED THE PROBLEM OF INTERESTS IN TERMS OF BALANCING OF
INDIVIDUAL AND SOCIAL INTERESTS. ACCORDING TO HIM FOR THE FORMATION OF LAWS
THESE INTERESTS HAS TO BE PROPERLY BALANCED IN SOCIETY .
NEHA TIWARI [B.A.L.L.B]

14. JURAL POSTULATES
• IN ORDER TO EVALUATE THE CONFLICTING INTERESTS IS DUE TO ORDER OF
PRIORITY.
• POUND SUGGESTED CERTAIN ASSUMPTION OF A CIVILIZED SOCIETY, WHICH HE
CALLED AS “JURAL POSTULATES”.
• THESE ARE APPLIED TO BOTH JUDICIARY AND LEGISLATURE IN HARMONIZING
VARIOUS INTERESTS.
NEHA TIWARI [B.A.L.L.B]

15. POUND HAS MENTIONED 5 JURAL POSTULATES
IN CIVILIZED SOCIETY, MEN MUST BE ABLE TO ASSUME THAT…
OTHER WILL NOT COMMIT INTENTIONAL AGGRESSION AGAINST THEM.
EXAMPLE: ASSAULT, BATTERY ETC.
THEY CAN USE AND CONTROL THINGS THAT THEY HAVE DISCOVERED. PRODUCED OR
LEGITIMATELY ACQUIRED
EXAMPLE: AGRICULTURAL LAND, COPYRIGHTS ETC..
THOSE WITH WHOM THEY DEAL AS A MEMBER OF THE SOCIETY WILL ACT IN GOOD FAITH
EXAMPLE: KEEPING PROMISES, QUASI CONTRACT ETC.
NEHA TIWARI [B.A.L.L.B]

16. CONT.…
OTHER WILL ACT WITH DUE CARE AND WILL NOT CAST
UNREASONABLE RISK OF INJURY UPON OTHERS.
EXAMPLE: NEGLIGENCE
OTHER WILL KEEP THINGS WITHIN THEIR BOUNDARIES AND
SHOULD LOOK AFTER THOSE THINGS SO THAT THEIR ESCAPE
SHOULD NOT HARM OTHERS
EXAMPLE: STRICT LIABILITY.
NEHA TIWARI [B.A.L.L.B]

17. CONT.….
• THE JURAL POSTULATES ARE NOT ABSOLUTE THEY ARE OF A CHANGING NATURE.
THEY MAY BE REVISED FROM TIME TO TIME.
• NEW POSTULATE MAY EMERGE WITH SOCIETY PROGRESS. THESE ASSUMPTIONS MAY
ALSO VARY FROM ONE LEGAL SYSTEM TO ANOTHER.
ROSCOE POUND HAD FORMULATED THESE POSTULATE ESPECIALLY IN CONTEXT OF
THE AMERICAN LEGAL SYSTEM.
NEHA TIWARI [B.A.L.L.B]

18. CRITICISM OF POUND’S THEORY
THE DIVISION OF PUBLIC AND SOCIAL INTEREST IS CRITICIZED ON
THE GROUND THAT IN FACT THEY ARE ALL SOCIAL INTEREST.
WHAT DO WASTE AND FRICTION MEANS IN RELATION TO CONFLICT
OF INTEREST : {NOT EXPLAINED}
WITH LAWS, THERE CAN BE NO DETAILED PLANS AS THE SOCIETY
KEEPS CHANGING CONSTANTLY.
NEHA TIWARI [B.A.L.L.B]

19. CRITICISM OF POUND’S THEORY
• ENGINEERING IGNORES IMPORTANCE OF LAW AND IT IS DANGEROUS FOR INDIVIDUAL
FREEDOM.
• THIS WORD SOCIAL ENGINEERING IS USED TO INDICATE THE PROBLEM THAT LAW FACES,
THE OBJECTIVES THAT HAVE TO BE FULFILL AND THE METHOD WHICH IT WILL ADOPT FOR
THE PURPOSE OF INTEREST.
• NO IDEAL SCALE OF VALUES WITH REFERENCE TO INTEREST.
• BY THE WORD’ ENGINEERING’ NO BALANCE HAS BEEN MADE BETWEEN SOCIAL NEEDS AND
INTERESTS. ONLY THIS THEORY SIMPLY RECOGNIZES OR APPROVES IT.
• CLASSIFICATION OF INTEREST IS NOT USEFUL. SINCE THE SOCIAL INTERESTS ALWAYS
CHANGE WITH THE SOCIETY AND TO PUT THEM INTO SPECIFIC ORDER THEN THEY WILL LOSE
THEIR CHARACTER AND IMPORTANCE.
NEHA TIWARI [B.A.L.L.B]