Roscoe Pound's Sociological Juurisprudence

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I. Introduction Development of Indian society at different planes involving social, economic and political aspects accompany the metamorphosis in the legal system as an inevitable consequence. The foundation of law, as derived from jurisprudential theories, has been termed to be the society itself. With specific reference to Roscoe Pound, one of the leading figures in twentieth-century legal thought strove to link law and society through his "sociological jurisprudence" and to improve the administration of the judicial system. Pound placed his sociological jurisprudence in opposition to what he termed "mechanical jurisprudence," which he characterized as a common but odious practice whereby judges woodenly applied precedent to the facts of cases without regard to the consequences. It is to be emphasized that the common law should develop slowly and that it should only follow changes in society. Focusing upon the criminal aspect of the legal system the aim is to curb or deter the society from the commission of certain acts detrimental to human existence. Criminal law is a step to ensure that human survival is encouraged in a conducive environment ensuring that wrongful and harmful human actions are curtailed by the State, in furtherance of the concept of ‘Welfare State’. The attempt is to scrutinize the act of entering into a ‘conspiracy’, which is seen to be the foundation in the commission of various high-profile and petty crimes. The Courts need to interpret this

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