Research On Pound' Theory Of Sociological Jurisprudence

Sociological jurisprudence, Which established by Roscoe?Pound, was a basic direction in development of the American law from the end of the nineteen century to beginning of the twenty century. His theory extracted advantages of many other theories and brought forth new ideas beside criticize. It represents anther research style that is different from that of civil law system since the flourishing of the sociology of law.This paper spreads out through expounding the background and starting point of Pound's Sociological jurisprudence, his representative and creative theory ,"social control through law"and"social engineering theory". And it depicts its long and deep historical influence and unique academic contribution.Pound's sociological jurisprudence was expounded aimed directly at the social problems and theory predicament, which emerged on transitional process from the liberalist capitalism to the monopolistic capitalism. In order to renovate the traditional theory of law which tended to be conservative and neglected the real requirements, Pound started his study with the theory of the purpose of law instead of the nature of law which traditional way usually did. He tried to clarify that what the purpose of law concerned had already shifted from the abstract individual will to the specific human livelihood, and it required to combine with civilization in given time and place. Pound advanced the theory of"social control through law"from this new opinions on purpose of law. The theory of"social control through law"is based on the social control theory on sociology and the correlative doctrine of law and civilization, and it regards the social profit theory as its core. It tries to elucidate that law is a kind of social control, which is specially and highly control by organized political society power through a series of authorized information in the legal and administration process. This control is just like a"social engineering",which depends on people's experience and sense. It is a dynamic process that could be tested and qualified only by its result. Through these theories, Pound enhanced the attention on the purpose, the efficacy and the operation of law. He made significant contribution to America's reform on legal system and law education, and influenced theories afterwards in some degree.