The Analysis And Review Of Pound's Theory On Interests Jurisprudence

Roscoe Pound was an American renowned jurist, an American Sociological Jurisprudence master. The interests'theory is the intrinsic approach and the core link of his Sociological Jurisprudence. Pound's theory on classification of interests, especially about social interests, is very important in his sociological jurisprudence, even very famous in the Western theories of law. Exploring Rudolph Von Jhering's goal legal science, Bentham and Austin's utilitarianism legal science, Heck's interests theory and other theories about interests, this piece of paper discusses the origin and the historical background of this theory. Furthermore, the paper interprets four aspects of Pound's theory of interests which contain the concepts, classification, value standards and protection of interests. It reviews Pound's theory of interests. Pointing out that the classification of individual interests, public interests and social interests, it breaks up the traditional doctrines of the main interests which only limited to individuals. Pound supposed to seek the balance between individual interests, public interests and the social interests. He wanted to get the very purpose: not only could we favor the collective interests neglecting of individual interests, but also keep personal interests undermine the social order, justice and security. And then, this paper stresses on the analysis of relationship between the social interests and the individual interests, asserting the key of the purpose of social control that Pound held is to recognize, confirm, realize and secure interests. The paper also points out that Pound neglected the interests of the social class distribution, the interests of the value of fuzzy criteria such as inadequate. Finally, it presents that a harmonious society is the core interest of harmony, and to vulnerable groups in society for the protection of the interests of the core, Pound discussed the interests of our country at this stage of theory to practice the rule of law and the significance of Enlightenment, with a view to build a harmonious society provide countermeasures.