Pound's theory of Social Engineering

Pound's theory of 'Social Engineering'

Introduction

Dean Roscoe Pound, considered to be father of sociological jurisprudence, introduced the doctrine of “Social Engineering”. The doctrine aims at providing maximum satisfaction and minimum friction and waste in the society.

Pound stated that "The aim of social engineering is to build an efficient structure of society as possible, which involves the balancing of competing interests". He believed that the task of the law is of Social Engineering. According to him Courts, legislatures, administrators and jurists must work with a plan and make an effort to maintain a balance between a competing interest in the society.  “Social” means group of individuals forming a society.  “Engineering” means applied science carried out by engineers to produce finished products which are necessary for the society and which fulfil all their needs. So Pounds theory of Social Engineering is all about protecting the interests of the society at large.

Classification of Interests

For facilitating the tasks of social engineering, Pound classified various interests to be protected by law in three heads:

1. Private Interests 

2. Public Interests

3. Social Interests

1. Private Interests: These are the claims or demands from individual point of view. This includes

(a) Freedom of will, honour, reputation, privacy and sensibilities

(d) Relations between parents and children, husbands and wives & Marital interests.

(e) Interests of property, succession and testamentary disposition

(f) Freedom of industry and contract, association, continuity of employment

2.  Public Interest: These are the claims or demands from the perspectives of  politically organized society. These includes

(a) Protection of the interests of the state 

(b) Manage and administrate territorial waters, sea-shores, regulation of public employment etc.

3. Social Interest : Social interests are the claim or demands in terms of social life. These include:

(a) General safety, security, public health, law and order etc.

(b) Security of social institutions including domestic, religious, political and economic institutions.

(c) Prevention and prohibition of prostitution, drunkenness, gambling, etc.

(d) Conservation of social resources.

(e) Economic, political and cultural progress.

(f) Providing conditions for each and every member of the society to live a human life.

Jurisprudence is the "eye of law" - analysis

Jurisprudence is the eye of law

The term Jurisprudence is derived from  Latin words Juris Prudentia. Juris means law, Prudentia means Knowledge or skill. Jurisprudence means Knowledge of law or skill in law.

According to Harald J Laskey, jurisprudence is the eye of law. Eyes are an important part of body without which we will not be able to see anything. Similarly knowledge or skills of law help us to look into the facts, analyse them and find out the true essence of the legal situation. This is the reason Jurisprudence is compared with eyes.

Holland observed that jurisprudence throw light on the basic ideas and the fundamental principles of law in a given society. Jurisprudence helps the judges and lawyers in ascertaining true meaning of laws passed by the legislature by providing the rules of interpretation. To become successful lawyer or judge jurisprudential background is necessary.