Roscoe Pound on Social Engineering

Roscoe Pound on Social Engineering

With his airs the sociological jurist must be in thorough accord. Stammer considered the universal element in very rule to be the adjustment between the individual purposes and the unitary purposes of society. Since the latter are ideal purposes, it is impossible to apply the conception of harmonize them to any particular time and place. ‘ Thus, he deduces them a priori from a harmonious synthesis, which he terms the “Social Ideal,” to form “Principles Of Just Law,” equally void of empirical content and impossible of application to concrete problems.

These ideological constructs are the ultimate basis for discriminating just law from unjust law. Stammer posits his community as an ideal abstract one, which he terms a “special community,” one where this harmonize of conflicting purposes could ideally take place according to principles drawn from pure reason. Thus the “Principles of Just Law,” free of all empirical content, are in direct contrast to the journal postulates of Rococo Pound. ‘ Joseph Osler’s great postulate was that law is relative to the civilization of the time and place.

He denied any universal body of legal rules or institutions but insisted on the universal idea of civilization. The mission of law is the advancement of civilization through the forcible ordering of society. Law is relative to civilization. Changing with changed conditions, it is a means to and a product of civilization, which means the social development of human powers to their highest unfolding. Koehler believed that the idea of civilization pervades an aggregate of individuals as a deterministically active force for its advancement.

Thus the evolution of civilization toward a higher state is inevitable. The two-fold purpose of law is to maintain the existing values of civilization and to carry forward human development; therefore law must adapt itself to the tasks of the time and place to perform its proper function of furthering this ideal. But this can only be done by the formulation of the journal ideals of the time and place. How else could lawmakers and judges be guided in their day to day work?

Please follow and like us:
Haven’t found the essay you want?