PPT Rosco pound Law as a Social tool of Engineeritg.pptx

MVGJUGIGIGOH

1. JIMS Engineering Management Technical Campus 48/4, Knowledge Park- III,Greater Noida - 201308 (Affiliated to Guru Gobind Singh Indraprastha University, New Delhi) Subject Name Sociology I Department of _Law Created By:Dr Richa srivastava

2. Subject:Sociology I Topic: Law as a Tool of social Engineering Roscoe Pound

3. Roscoe Pound Roscoe Pound was one of the greatest leaders of sociological school of jurisprudence He was known as the father of American jurisprudence Man is a social animal and need society for his living ,working and enjoying life

4. Roscoe pound started his theory with functional aspect of law, functioning in society for an objective He mean to say that what is your objective decide it? And then study for it social effects of law, legal history ,law in action, where law is effecting people, legal institutions and keep holistic approach

5. Objective of law is Satisfy Maximum human wants for minimum friction Human wants are unlimited and they want to progress So law should be like this that less conflict to be there &maximum satisfaction of wants

6. How does one law achieve the objective satisfying maximum human wants by social engineering Social engineering : means making of law that engineer society and engineering to perfection using laws

7. In society competing interest are there these interest can be seen From various perspective Public interest wil be different from social interest andsocial interest will be different from individual interest

8. Study of society is important for law making Effect of society on law making Factual study of society Given two theories 1 Social engineering theory 2 Theory of interest

9. Roscoe Pound Theory of social Engineering Roscoe Pound introduced the doctrine of “Social Engineering” which aims at building an efficient structure of society which would result in the satisfaction of maximum of wants with the minimum of friction and waste He compared lawyers with the engineers. Engineers are required to use their engineering Skill to manufacture new products,similarly Social engineers are required to build that type of structure in society which provide Maximum Happiness and Minimum Friction.

10. According to Pound’” Law is social Engineering which means a balance between Competing Interests in Society” In which applied science is used for resolving individual and social problems.

11. Social engineering is the balancing the conflicting interest of individual and the state with the help of Law Law is a body of Knowledge with the help of law large part of social engineering is carried on Law is used to solve the conflicting interest and problem in society

12. He mentioned that every body has its own individual interest and considered it supreme overall other interest The objective of law is to create a balance between the interest and of the people

13. Society has become an essential condition for human life to develop his or her personality. Therefore society and human life always go together. Every human being has also born with some desires and expectations which are inherent in nature. From childhood to till old age, every human being expects that his or her desire is to be fulfilled for which their arise conflict of desires or claims which comes under the term ‘interest

14. It is impossible to fulfill all the desires of a human being. So to fulfill the desires of maximum human being for the welfare of society the concept of Social Engineering was emerged and which was coined by Roscoe Pound.

15. The force which asks for the adoption of Social engineering is nothing but the conflict of interests of individuals. Interests more particularly the conflicting interest are the subject of Social Engineering. Social engineering is based on the notion that Laws are used as a means to shape society and regulate people’s behaviour. It is an attempt to control the human conduct through the help of Law. 

16. According to pound 3 main elements with respect to law are 1Making of Law 2Application of Law 3 Interpretation of Law

17. Interest Theory Roscoe pound in his interest theory mention 3 types of interest To avoid over lapping of the interest he put boundaries and divide the kinds of interest 1 Private interest 2 public interest 3 social interest

18. Public interest: are largely from the perspective of state, mean government, state sovereignty, preservation of state Private interest :physical protection, freedom of life and liberty so law should recognize it and provide to the person ,institution of marriage laws :to protect marriage ,divorce law, Maintenance law ,domestic violence law, inheritance law, succession law etc Lastly property rights what ever he had earn or purchased he is having right to enjoy

19. and Social interest: Preservation of peace and security, Preserve of religious and social institution, Counteracting decrepitude corruption and gambling, Education progress ,trade ,freedom of speech.

20. Jural postulate Protection against intentional aggression(-criminal law) Own what is earn or discover legally (property law) Promise will be kept damage restored-(Law of contract&,Law of torts

21. Criticism 1Engineering is mechanical application of society 2 No ideal scale of value given 3Dynamic feature of society and influence on law ignored

22. Thank You !!