On The Social Interest Theory Of Pound

Roscoe Pound (1870-1964)was a famous American jurist, He had written a lot of theoretical books in his life. many of which have far-reaching influence. As a legal adviser to the Republic of China, when many western laws and jurists are introduced to China, Pound had a profound influence to China's rule of law.This article attempts to explore Pound's Interest Theory and explain the key issues of his sociological jurisprudence , i.e. the theory of social interest ,for the purpose of learning essence for our use. Except for the Introduction, this article includes four parts. The Introduction is a brief description of the background of Pound's theory, and reviewes and summarizes .the domestic literature of research on Pound's thoery .The first part is an understanding and summerization of Pound's books, to find out the social interest theory in Pound's complicated description to extract the frame structure that supports Pound's theory, and then makes an analysis and outlines the social interests theory. On that basis, I put forward my own view on an existing debate . The second part mainly explores the reason of being importance of Pound's theory in reality ,by analyzing the facts of the 1905 Case of Lochner , the the interpretation of Constitutional Amendments of the United States, U.S.Constitutional Reform and Roosevelt's New Deal.to prove the feasibility of Pound's Social Interest Theory replacing the Natural Rights Theory, and to make Pound's theory more persuasive.The third part mainly analizes Pound's Social Interest Theory from the perspective of pragmaticism philosophy.We explore the deep meanings of Pound's Social Interest Theory by the summerization of neo-pragmatist Richard Rorty on pragmatism characteristics, to analize the reason of losing influence of Pound's theory in today's society.The fourth part explores the limitations of Pound's theory.We disscuss the possible mistakes of Pound's theory by the theory of " distinction between interest and interest requirement"put forward by America jurists FriedmanFinally, we give our recommendations on questions related to China's social interest by using Pound's Social Interest Theory.