JURISPRUDENCE VIVA-VOCE

TOPIC – ROSCOE POUND

Viva Structure-

S. No. Requirement Marks (25)

1. Historical Background 3
2. Ideas and thoughts of Jurist 4
3. Important contribution/theories 4
4. Relation to contemporary aspects 4
5. Your constructive opinion about his work and its 3
relevance
6. Criticism and your opinion 3
7. Question and answer 2
8. Communication skills and knowledge 2
25

1) Historical Background – 3 marks

An American legal scholar and professor served as a Dean of University of Nebraska
College of Law and Dean of Harvard Law School. From 1949 to 1952, he served as a
member of North-western University, the University of Chicago Law School and the
faculty at UCLA School of Law. He was identified as the most cited legal scholar of
the 20th century by The Journal of Legal Studies.
2) Ideas and thoughts of Jurist – 4 marks
The Sociological School regards societal customs and society itself as sources of law,
arguing that law is not merely about individuals, but about the association of
individuals in society. Pound, who is recognized as the father of this school, supported
this idea by introducing his own concept of Social Engineering based on the
Sociological School. In his theory, Pound drew an analogy between lawyers and
engineers, viewing law as a body of knowledge and experience that can be utilized by
"social engineers" such as lawyers and advocates to structure society. He likened law
to engineering by stating that just as engineers use their expertise to give structure to
their final products, the law can be used in the same way to create a structured society
that leads to happiness.Pound believed that the law's primary goal is to establish
 equilibrium and concord in society, as individuals always priorities their own
interests. In simpler terms, he advocated for maximum happiness and minimal
conflict among members of society when conflicts of interest arise. He contended that
it is the responsibility and purpose of the law to intervene and mediate during such
conflicts between personal interests and communal interests. Furthermore, Pound
stressed the significance of both individual and communal interests, which should
receive equal consideration unless a conflict arises.
3) Important contributions/theories – 4 marks
Roscoe Pound conceived law as a ‘social engineering’, its main task being to
accelerate the process of social ordering by making all possible efforts to avoid
conflicts of interests of individuals in society. Thus, courts, legislators, administrators
and jurists must not work with a plan and make an effort to maintain a balance
between the competing interests in society. Pound compared lawyers to engineers.
According to Pound, fulfilment of the maximum wants with the minimum usage of
resources is the main aim of social engineering. He enumerated the various interests
which the law should seek to protect and classified them into three broad categories –
Private interests, Public interests and social interests.
(i) Private interests: According to Pound, private interests are the desires of an
individual. These include:
(a) Individual’s interest of personality, namely, interests of physical integrity,
reputation, freedom of violation and freedom of conscience. They are safeguarded by
laws of crimes, contracts, torts, constitutional law, etc.
(b) The interests of domestic relations of persons husband and wife, parent and
children, marital life are also the individual’s private interests.
(c) The interest of the property, testamentary disposition, succession, association,
freedom of contractual relations, etc. are also included under the classification of
private interests.

(ii) Public interests: According to Pound, public interests are desires of the public in a
politically organised society. These include:
(a) Interest in the preservation of the state as such,
(b) State as a guardian of social interests such as administration of trusts, protection of
the natural environment, charitable endowments, seashores, territorial waters,
regulation of public employment and so on.
 (iii) Social interests: According to Pound, social interests are the desires of social
groups in terms of social life. These include:
(a) Interest in the preservation of peace, security of transactions, general health etc.
(b) Preserving social institutions such as political and economic institutions, religion
etc.
(c) Interest preserving general morals by prohibiting transactions against morality like
gambling, drunkenness, prostitution etc.
(d) Interest in the conservation of social resources like reformation of delinquents,
protection of economically weaker sections of the society, natural resources etc.
(e) social interest and general progress including political, economic and cultural
progress. For Example-freedom of trade and commerce, encouragement to arts,
freedom of speech and expression and promotion of higher education etc.
(f) interest promoting human personality by enabling an individual to live physical,
social, cultural, political and economical to suit his taste and enhance his personality.
4) Relation to contemporary aspects – 4 marks
Roscoe Pound's theory of social engineering remains relevant in the current scenario,
as it emphasizes the need for the law to recognize and protect a wide range of
interests, including public and social interests, along with private interests.
In the current context, the theory can be applied to various areas such as:
Environmental Protection:
The recognition and protection of the environment as a social interest can be seen as
an application of Roscoe Pound's theory. This includes the implementation of laws
and regulations that aim to ensure the preservation of natural resources and reduce
pollution levels.
Consumer Protection:
The law can also be used to protect consumer interests by ensuring that products and
services are safe and do not pose a risk to the health and well-being of the public.
Workers' Rights:
The recognition of the interests of workers as social interests is also an application of
Pound's theory. This includes the implementation of laws that protect workers' rights
to fair wages, safe working conditions, and the freedom to form unions.
Public Health:
 The law can also be used to protect public health by regulating the production,
distribution, and sale of goods that can affect the health and well-being of the public,
such as food, drugs, and tobacco.
Social Welfare:
The implementation of social welfare programs, such as healthcare, education, and
social security, can also be seen as an application of Pound's theory, as it recognizes
the social interest in providing basic necessities to all members of society.
The Judiciary maintains law and order by balancing the competing interests of the
individual and the public through the process of social engineering.
It has been witnessed through the Supreme Court's action in Vellore Citizen's
Welfare Forum Vs. The Union of India, in which Kuldip Singh J. delivered the
judgement that "even if industries are vital for the countries progress as they provide
employment, but having regard to the pollution caused by him, the principle of
"sustainable development" has to be adopted as a balancing concept between ecology
and development." The two ideas that arose in this case were the "precautionary
principle" and the "polluter pays" premise.
The Supreme Court of India set a precedent in the case of Union Carbide
Corporation vs. Union of India by establishing the principle of Absolute Liability.
The court ruled that if an enterprise is involved in a hazardous or inherently dangerous
activity and an accident occurs resulting in harm to anyone, then the enterprise is
strictly and absolutely liable to provide compensation to all those affected by the
accident. The court also stated that the amount of compensation should be
proportional to the size and ability of the enterprise as it serves as a deterrent to
prevent future accidents.
Overall, Roscoe Pound's theory of social engineering provides a framework for the
law to address and protect a wide range of interests, ensuring the well-being and
progress of society as a whole.
5) Your constructive opinion about his work and its relevance – 3 marks
A general criticism against Pound’s theory is about his use of the word ‘engineering’
because it suggests a mechanistic application of the theory to social needs, the term
“engineering” is used by Pound as a metaphor to indicate the problems that law has to
face, the objectives to be met and the method one must adopt for this purpose.
6) Criticism and your opinion – 3 marks
 Roscoe Pound's theory of social engineering has been subject to some criticisms over
the years.
Some of these criticisms are:
(a) Lack of clarity: Pound's theory has been criticized for lacking clarity in its definitions
and classifications of interests. Some have argued that his categorization of interests is
too broad and vague, making it difficult to apply in practice.
(b) Overemphasis on social engineering: Some scholars have criticized Pound for placing
too much emphasis on the role of law in social engineering. They argue that he
neglects the importance of individual rights and liberties, which should be protected
even if they do not serve the greater social good.
(c) Failure to consider power dynamics: Critics argue that Pound's theory fails to
adequately consider power dynamics and the ways in which the law can be used to
oppress certain groups. For example, laws that are meant to protect public health and
safety could be used to discriminate against marginalized communities.
(d) Limited scope: Some critics argue that Pound's theory has a limited scope and does not
take into account the complex social and economic factors that shape legal systems.
They argue that a more holistic approach is needed to understand the role of law in
society.
(e) Lack of empirical evidence: Finally, Pound's theory has been criticized for its lack of
empirical evidence. Some scholars argue that his ideas are based more on intuition
than on empirical research, making it difficult to assess their validity in practice.
7) Questions and answer – 2 marks
8) Communication skills and knowledge – 2 marks
Note: hii, I hope you’re doing okay. Although I already told this to you when we texted, I
wanted to ensure that you know I want to and I am ready to help you out in any way that is
possible by me. And I also know that you yourself are konjam confused as to what needs to
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that things are hard on you now, but I swear all of it will be worth it soon. Just push for few
more days and you can totally slay! Also, don’t worry about the viva thingy. Don’t stress out
too much and miss out on any fun at the festival tmrw over any of these. Moot will come and
go, but enjoy your time at home and eat good food while you can. anywaays, please don’t cry
and reach out to me if anything troubles you (or not). Me is always here to listen to you. I
hope you tattoo the same into your brain.

psps: this is a very detailed thing to learn. So try reading it once and shorten them
accordingly. I have used the given below websites. If you feel like smth is sus after reading it,
please do go thru these. Me is konjam dumb like that. Go easy on me please.

CHILL KONJAM!! YOU GOT THISS GURL!!!

 https://blog.ipleaders.in/sociological-school-of-jurisprudence/
 https://www.legalserviceindia.com/legal/article-10837-roscoe-pound-theory-of-social-
engineering.html
 https://www.lawnotes4u.in/social-engineering-by-the-roscoe-pound-sociological-
school/