| Roscoe Pound (1870-1964) defined legal theory in a unique manner that included ideas, practice and legal education. He incorporated new ideas of consequence-based theory, now known as pragmatism, and social interests now known as pluralism, in a multi-disciplinary approach. This approach is called polylegalism. This paper discusses the life, influences and ideas of Roscoe Pound and the effects they had upon political and legal theory in America. Pound began his career with study and research in Botany. His work culminated in the first PhD in botany from the University of Nebraska. He practiced law for eleven years, served as a judge from 1901-03 and spent the next 30 years in legal education. He was one of the first legal theorists to write of interests, to reject excessive individualism, and to recognize the need to merge theory and practice in law. This paper looks at Pound's decisions as a judge and his early writings that criticized 19th century law. It also analyzes his later work and the development of his theory of social interests and sociological jurisprudence. As part of the background of Pound, the paper examines the influences of Oliver Wendell Holmes Jr. upon his ideas. Finally, there is a comparison and recognition of Pound's influences upon Cardozo, Laski and Frankfurter. It is approximately 100 years since Pound presented his criticism of American law, calling it, among other things, mechanical jurisprudence. Much of what Pound wrote and developed was lost in the realism debate and other distracting circumstances. This paper revisits the original Pound and brings those ideas back into focus for a new consideration. |
