Ujjwal Deepak Dhumal
Class -NLC IV
Roll No- 5404
College Name- Yashwantrao Chavan Law college, Malkapur-karad
Size: 574.98 KB
Language: en
Added: Dec 09, 2022
Slides: 10 pages
Slide Content
WELCOME
BHARTI VIDYAPEETH’S YASHWANTRAO CHVAN LAW COLLEGE, KARAD Name :- Ujjwal Deepak Dhumal Class :- Pre Law IV Semester :- VII Roll No. :- 5404 Subjest :- Jurisprudence Name of Topic :- Analysis of Social Engineering Theory Subject Teacher :- Prof. Dr. M. S. Khairnar Sir Date of Submission :- 09, December 2022
Social Engineering Theory
Analytical School Historical School Sociological School American Realism
Definitions of jurisprudence According to Laski, Jurisprudence is eye of Law. According to Ulpain ,Jurisprudence is Science of Just and Unjust. According to Julius Stone, it is lawyers extra version. According to Salmond , it is the first principle of Civil Law. According to Austin, it is science of philosophy of Positive Law. According to Holland, the formal science of Positive Law.
Reason for the emergence of Sociological School Laissez-faire :- policy of minimum governmental interference in the economic affairs of individuals and society. Due to Laissez-faire all people started giving importance to individual interest and ignored the general interest. The Sociological School came out as a reaction against the laissez-faire, because Sociological School advocates the balance between the welfare of the state and individual interest.
Introduction to Theory:- Roscoe Pound gives the theory of Social Engineering Where he compared lawyers with the engineers Engineers are required to use their engineering skills to manufacture new products Similarly, social engineers are required to build that type of structure in the society which provides maximum happiness and minimum friction.
Important points :- He compared Engineers with Lawyers. Engineers are used to use their engineering skills to manufacture new product, similarly social engineers means advocates, lawyers are required to build that type of structure in society which provides maximum happiness and minimum friction. He basically focused on Social Engineering Legislatures should make laws to maintain balance in interest of society. As our Constitution gives Freedom of Speech in Article 19, but there are also restrictions to maintain balance.(He should not defame others) He was balancing Interest. (Which is explained in Theory of Interest)
Criticism Pound’s theory of Social Engineering has been criticized for its use of term engineering, which equates society to a factory like a mechanism. Law is a Social process rather than the result of applied organism. Another criticism against pound is that he ignored ideals of guidance. Criticism for whole Sociological School is – It undermines individual interest