On Roscoe Pound's Theory Of Social Control

In 1940s, Roscoe Pound elaborates a theory named"social control through the law"in his two speech manuscript"the theory of social control through the law"and"the task of the law". The theory is also announced in his following jurisprudence works. The idea of social control through the law is founded in"theory of social interests". Roscoe Pound elaborates"What is the law"in details from"civilization","law"and"social control". He uses the concept of"social control"to unify the three meanings of law. In his opinion, the human nature of self-expansion and the nature of social cooperation are contradictory; and the nature resources are limited, but the human desires are unlimited. So the theory of social control is inevitable and necessary. Organized political society uses the way of law that highly specialized, through to acknowledging some kinds of interests and protecting these interests, to achieve the goals of social control in judicial process and administrative process.Some famous scholars such as William James, Edward Ross and Rudolph Jhering influence Pound extensively. Also their thoughts become the resources of Pound's theory. After pursuing and tracing the original resources of the theory in philosophy, sociology and law science, it is necessary to present the essential factors of social control system clearly, such as the main body, the object, the ways, the function mechanism and the goals. And it is important to ponder the puzzles further about the theory, too. First of all, as a philosophy basis of the Theory, are there any limitations in pragmatism? Secondly, why does the Theory can't explain the Social Class Control? Thirdly, is it possible for humans to achieve a thorough control mechanism? And finally, can we say that the law is the highest social control way? After doing these studies, the dissertation discussed the significance of the Social Control Theory in modern society. Of course we can come to a conclusion that"In our opinion, until now, the Theory of Social Control can help humans to construct the enterprise of'rule by law'".