System Theory Method In The Theory Of Law, Theory Of Ezra Pound

Pound suffered the influence of utilitarianism philosophical thinking, which is very fashionable just at that time. Pound considered that the purpose of formulating laws is impacting the society and social effect. As the law develop to recent epoch, various kinds of social problem constantly spring up. This makes researching laws by the way of sociological method become a trend. Thus the systematic method of Pound emerged and developed gradually. The form of the systematic method also suffered the enlightenment of system theory, control theory and information theory, which are very prevailing at that time.Pound understood laws by means of systematic method in the field of law. In the view of Pound, the law is a systematic social engineering and enterprise. Realizing the law need a course. In order to provide the direct and experience of methodology for us, we may mainly analysis the systematic method in Pound’s legal thoughts by means of the following aspects.Pound thought that the whole world is a system, whose internal factors emerge organic connection. So does the law. Legal rules should be harmony dynamic and developmental. The purpose of formulating laws is attaining the perfect social effect. The law should coordinate the pace and social development. The law should be combined with other adjustment methods. We should comprehensively use sociology method, analytical method, philosophical method and historical method, when we study and research laws.Which factors should be contained in an integrated legal system? In the view of Pound, it should contain legal rules, legal technology and legal ideal. The law is a systematic social engineering. At the same time, we may consider realizing the law as a course. Laws should unify the sense and the experience. Laws should be dynamic and developmental. Laws exist in the specific time and space.Pound emphasizes the freedom value of law, and he considers that the order value is much more important. In Pound’s viewpoint, the ultimate goal of the law is realizing favorable social order. Pound done not only pay attention to the interests value of law, but also pay attention to the efficiency of law enforcement. He proposed that laws should satisfy people’s requirements, needs and desires as much as possible in the premise of decreasing blocks and wastes.In a word, based on the specific theoretical basis and times background, The legal thoughts of Pound took its obvious color with System theory method. Therefore, we may analysis and comprehend the legal thoughts of Pound by means of the systematic method.