This document provides an overview of Ujjwal Deepak Dhumal's class submission on analyzing the social engineering theory. It includes definitions of jurisprudence from various scholars, reasons for the emergence of the sociological school of legal thought, an introduction to Roscoe Pound's social engineering theory which compares lawyers to engineers, important points of the theory, and criticisms of Pound's approach. The document serves as a report on Ujjwal's analysis of the social engineering theory submitted for his Pre Law IV class.
2. BHARTI VIDYAPEETH’S
YASHWANTRAO CHVAN LAW COLLEGE,
KARAD
Name :- Ujjwal Deepak Dhumal
Class :- Pre Law IV
Semester :-VII
Roll No. :- 5404
Subjest :- Jurisprudence
Name ofTopic :- Analysis of Social EngineeringTheory
SubjectTeacher :- Prof. Dr. M. S. Khairnar Sir
Date of Submission :- 09, December 2022
5. 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.
6. 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.
7. 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.
8. 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 inTheory of Interest)
9. 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