Roscoe Pound : Social 
Engineering 
Submitted To : Mrs Bhavna Batra 
Submitted By : Nimish Mahajan 
A3221611038, Bcom LLB, 7th Semester
Intoduction 
• Pound was born on October 27, 1870, in 
Lincoln, Nebraska 
• Pound attended the University of Nebraska, 
earning a bachelor of arts degree in botany in 
1888 
• He was a prolific writer and his major works 
include The Spirit of The Common Law(1921, 
An Introduction to The Philosophy of Law 
(1922) etc
Social Engineering 
• Man is a social animal and needs a society for his 
leaving, working and enjoying life 
• The force which asks for the adoption of Social 
engineering is nothing but the conflict of interests of 
individuals 
• “Social” means group of individual forming a society 
• “engineering” , he explained his concept by explaining 
the role of engineer/architect and equating it to 
lawyer’s. Just as an engineer chalks up a plan before 
starting a project so do lawyer’s they must work with a 
goal in mind to uplift society
Interest Theory 
• In a society everybody is motivated by their own 
interest and wants that preference be given to his 
or her interest over the other. Conflicts between 
interests arise because of the competition of the 
individuals with each other 
• For this purpose a legal system has to 
• Recognize certain interest 
• Define the limits within which such interest are to 
be legally recognized and given effect to it. 
• And finally the above interest should be secured
• Pound classified various interests which are to be protected 
by the law under three categories which are the following : 
• INDIVIDUAL INTERESTS: These are claims or demands 
involved from the stand point of the individual life which 
consists of interest of personality, interest in domestic 
relations and interest of substance 
• PUBLIC INTEREST: These are the claims or desires asserted 
by the individual from the stand point of political life which 
means every individual in a society has a responsibility 
towards each other and to make the use of things which 
are open to public use. Interest in preservation of state 
• SOCIAL INTEREST: These are the claims or demands in 
terms of social life which means to fulfil all the needs of a 
society as a whole for the proper functioning and 
maintenance of it. Interest in preservation of general 
peace, health, security of transaction’s, preserving social 
institutions like religion, politics, economic
Jural Postulates 
• The guidelines on the basis of which social engineering should be 
carried out. 
• In 1919, Pound summarized theFive postulates, They are : 
• Others will not commit any intentional aggressions upon him. E.g. 
Assault, battery, wrongful restraint etc. 
• Others will act with due care and will not cast upon him an 
unreasonable risk of injury. E.g. Negligence 
• He can appropriate what he has created by his own labour and 
what he has acquired under existing economic order for his own 
use. E.g. agricultural land and usufruct as property. 
• The people with whom he deals with in the general intercourse of 
society will act in good faith. E.g. Defamation 
• He must keep the things within his boundary and should look after 
those things so that their escape should not harm others. E.g. 
Ryland vs. Fletcher case
• In 1942, Pound added three new postulates in the list 
which are : 
• A person will have security as a job holder. E.g. ruled by 
labour law, law of contract 
• Society will bear the burden of supporting him when 
he becomes aged. E.g. 1/3rd concession in railway 
ticket, ceiling of income tax range is more. 
• The society as a whole will bear the risk of unforeseen 
misfortunes such as disablement. E.g. reservation 
quota for physically disabled person in education, 
travel etc. 
• The jural postulates are to be applied both by the 
legislators and judiciary for evaluating and balancing 
the various interests and harmonizing them
Criticism 
• Social engineering has been criticized for the 
use of the term engineering, which equates 
society to a factory like mechanism 
• Ignores the fact that law evolves and develops 
in the society according to social needs and 
wants 
• The dynamic feature of law is undermined 
• The Conflict of interest’s e.i Social and 
Individual

Roscoe pound

  • 1.
    Roscoe Pound :Social Engineering Submitted To : Mrs Bhavna Batra Submitted By : Nimish Mahajan A3221611038, Bcom LLB, 7th Semester
  • 2.
    Intoduction • Poundwas born on October 27, 1870, in Lincoln, Nebraska • Pound attended the University of Nebraska, earning a bachelor of arts degree in botany in 1888 • He was a prolific writer and his major works include The Spirit of The Common Law(1921, An Introduction to The Philosophy of Law (1922) etc
  • 3.
    Social Engineering •Man is a social animal and needs a society for his leaving, working and enjoying life • The force which asks for the adoption of Social engineering is nothing but the conflict of interests of individuals • “Social” means group of individual forming a society • “engineering” , he explained his concept by explaining the role of engineer/architect and equating it to lawyer’s. Just as an engineer chalks up a plan before starting a project so do lawyer’s they must work with a goal in mind to uplift society
  • 4.
    Interest Theory •In a society everybody is motivated by their own interest and wants that preference be given to his or her interest over the other. Conflicts between interests arise because of the competition of the individuals with each other • For this purpose a legal system has to • Recognize certain interest • Define the limits within which such interest are to be legally recognized and given effect to it. • And finally the above interest should be secured
  • 5.
    • Pound classifiedvarious interests which are to be protected by the law under three categories which are the following : • INDIVIDUAL INTERESTS: These are claims or demands involved from the stand point of the individual life which consists of interest of personality, interest in domestic relations and interest of substance • PUBLIC INTEREST: These are the claims or desires asserted by the individual from the stand point of political life which means every individual in a society has a responsibility towards each other and to make the use of things which are open to public use. Interest in preservation of state • SOCIAL INTEREST: These are the claims or demands in terms of social life which means to fulfil all the needs of a society as a whole for the proper functioning and maintenance of it. Interest in preservation of general peace, health, security of transaction’s, preserving social institutions like religion, politics, economic
  • 6.
    Jural Postulates •The guidelines on the basis of which social engineering should be carried out. • In 1919, Pound summarized theFive postulates, They are : • Others will not commit any intentional aggressions upon him. E.g. Assault, battery, wrongful restraint etc. • Others will act with due care and will not cast upon him an unreasonable risk of injury. E.g. Negligence • He can appropriate what he has created by his own labour and what he has acquired under existing economic order for his own use. E.g. agricultural land and usufruct as property. • The people with whom he deals with in the general intercourse of society will act in good faith. E.g. Defamation • He must keep the things within his boundary and should look after those things so that their escape should not harm others. E.g. Ryland vs. Fletcher case
  • 7.
    • In 1942,Pound added three new postulates in the list which are : • A person will have security as a job holder. E.g. ruled by labour law, law of contract • Society will bear the burden of supporting him when he becomes aged. E.g. 1/3rd concession in railway ticket, ceiling of income tax range is more. • The society as a whole will bear the risk of unforeseen misfortunes such as disablement. E.g. reservation quota for physically disabled person in education, travel etc. • The jural postulates are to be applied both by the legislators and judiciary for evaluating and balancing the various interests and harmonizing them
  • 8.
    Criticism • Socialengineering has been criticized for the use of the term engineering, which equates society to a factory like mechanism • Ignores the fact that law evolves and develops in the society according to social needs and wants • The dynamic feature of law is undermined • The Conflict of interest’s e.i Social and Individual