Roscoe Pound

Question 1

What did Pound seek to show?

Answer 1

‘Law in books’ and ‘law in action: Wanted to show how they could be harmonised, by making the latter conform to the former

Question 2

What is Pound’s ‘social engineering’?

Answer 2

The law ensures social cohesion by identifying and protecting certain ‘interests’

Question 3

What is an interest?

Answer 3

‘Demand or desire which human beings, either individually or through groups or associations or in relations, seek to satisfy’

Legally protected when given status of legal right

Question 4

What types of interests are there?

Answer 4

1. Individual
   • Of personality (physical person, freedom of will, privacy, reputation)
   • Domestic relations
   • Of substance (property, freedom of contract/association)
2. Public interests
   • ‘Interests of the State as juristic person’
3. Social interests
   • General security
   • Conservation of social resources

Question 5

How are interests to be compared?

Answer 5

To be weighed only against interests in the same category

Question 6

How are legal institutions classified?

Answer 6

1. Rules
2. Principles
3. Conceptions
4. Doctrines
5. Standards

Question 7

What is the goal of Pound’s ‘social engineering’?

Answer 7

To construct as efficient a society as possible

• i.e. To ensure satisfaction of the maximum of interests with minimal friction and waste

Question 8

How are new interests introduced to the system?

Answer 8

To test new interests by reference to certain ‘jural postulates of civilisation’
• e.g. Assumptions which exist in ‘civilised society’

Question 9

What are the main critiques of Pound’s theory?

Answer 9

1. [New Interests] Assumptions in ‘civilised society’ change
2. [Interests] Judicial attitudes towards particular activities are sometimes more important
3. [Social Engineering] Should we always satisfy people’s wants, esp when necessary to be paternalistic?
4. [Interests] Assumes society shares common interests, when conflict model is more accurate version of reality