Roscoe Pound's Sociological Theory

968 Words4 Pages
SOCIOLOGICAL SCHOOL Imp Theorist: Roscoe Pound, Montesquieu The sociological school of law is among the many theories that were framed by numerous scholars from time to time. The significance of individuals was proclaimed by theorists and scholars. The sociological school came about with the inevitability to stabilise and promote the welfare of the civilisation and the individual. There was an inclination towards socialization. Thus, the importance of the society should be measured in light of the individual and the importance of the individual should be considered in light of the society. This view was called the sociological approach. Montesquieu was the first thinker to take into account the influence of social conditions on the legal…show more content…
It involves balancing of competing interests. Pound describes interests as claims or wants or desire (expectations) which men assert de facto, about which law must do something, if organised societies are to endure. Pound classified the various interests which are to be protected by law under three heads: private, public and social interests. 1. Private interests- they are to be protected by law and are the individual’s interests of personality. These include his physical integrity, reputation, freedom of volition and freedom of conscience. 2. Public interests- they are claims or demands or desires asserted by individuals involved in or looked at a standpoint of political life. They are of two kinds: interests of a state as a jurist person and interests of the state as a guardian of social interests. They include the integrity, freedom of action and honour of states personality and claims of a politically organised society as a corporation to property acquired and held for corporate purposes. 3. Social interests- these are claims or demands or desires of thought in terms of social life and generalised as claims of the social…show more content…
Some early Christians supported communal principles, as did the German Anabaptists during the sixteenth-century religious Reformation in Europe. At least in terms of adherents and the impact on the world stage, Marxism–Leninism, also known colloquially as Bolshevism or simply communism is the biggest trend within Marxism, easily dwarfing all of the other schools of thought combined. Marxism–Leninism is a term originally coined by the CPSU in order to denote the ideology that Vladimir Lenin had built upon the thought of Karl Marx. This school doesn’t reflect widely upon law, but suggests that law is essentially the reflection of the Haves as against the Have-nots. They use it to exercise their will. Communism seeks to have all its citizens share goods equally in a communal system. Ideally, and this has yet to happen, there would be no class system in a communist country nor no privilaged status based on any religious identification.The huge failure of the Soviet Union clearly demonstrated how open to corruption and explotation of its public a communist system can be.A very current example of a nation that follows this is China. It is suggested to read about the law in china and its

More about Roscoe Pound's Sociological Theory

Open Document