Social Engineering By. RP. Pdf. by - Dev

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•!• Introduction :-
In the sociological school of jurisprudence, law was
considered a social phenomenon as it is an expression of human
society that is concerned with the external relation of its
members. Roscoe Pound, propounded the theory of 'Social
Engineering' is applied to social problems. To fulfill the desire of
maximum human beings and for sake of the welfare of society,
the concept of social engineering was coined by him.
•!• Roscoe Pound :-
Roscoe Pound, one of the most famous American legal
philosophers, was a prominent jurist of the sociological school
of jurisprudence which emerged in the 19th to 20th century as a
protest to the positivist theory of law. Sociological school
argues that law is not about a man but the association of a man
with another man in society.
And Pound, who is still considered as the father of the
American sociological school, supported this concept with the
addition of his own theory of 'Social Engineering' based on this
school.
•!• Social Engineering Theory :-
In his theory of social engineering Pound compared
lawyers to engineering. He believed that law, just like any other
scientific subject, is a body of knowledge and experience that is
used by the 'Social Engineers' like lawyers and advocates to
apply structure to the society. He equated law to engineering in
the sense that how engineers use their knowledge to give
structure to their finished products, the law can be used in the
same way to give structure to the finished product of happiness in
the society.
•!• Social Engineering Theory :-
In fact, pound advocated that the law's primary
objective is to create balance and harmony in the society as
every individual holds their own interests supreme. In simpler
terms: maximum happiness with minimum friction among the
members of the society when a conflict of interests arises. He
advocated that it is the duty and objective of law to intervene
and mediate during such clashes between self-interests and
community interests.
•!• Main propositions of Pounds 's theory :-

► Pound concentrates on the functional aspect of law.


► The task of law is 'Social Engineering'.
► Social Engineering means a balance between the competing
interest in society.
► Private, Public and Social interests.
► Interests as the main subject matter of law.
•!• Criticism :- This theory may be criticized on the following
points:-

► Engineering not a happy word :- A general criticism against


Pound's theory is regarding his use of the word 'engineering'
because it suggests a mechanical application of the principles
to social needs.
► Classification of interests not useful :-

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