A Study On Roscoe Pound's Thoughts On Custom And Customary La

Roscoe Pound’s idea of custom and customary law was formed in the late 19 th.At that time,Pound’s American capitalist society was in a period of transformation,and there was an urgent need for a legal theory to guide social change.Pound’s habits and customary law ideas came into being at this time.Pound’s life works,his habits and customary law ideas are scattered in his many works.With his Social Control through Law as the starting point,he analyzed many habits in ancient Greek civilization and then transformed them into customary law as social control.Habits and customary law have always existed in ancient and modern society.At the same time,by criticizing the habits and customary law views of the three major legal schools in the 19 th century,Pound summed up his habits and customary law ideas: law is not only discovered,but also created.With the development of society,national laws have become the main form of social control.However,in the process of legal development,the role of "law in books" is extremely limited.This article’s evaluation of Pound’s habits and customary law ideas is divided into three aspects: research method,theoretical evaluation and practical significance.Pound used pragmatic sociological research methods to put customary law in the big machine of society,and insisted on opposing the view of law in an abstract form.But at the same time,we should pay attention to the limitations brought about by legal instrumentalism and be wary of paying too much attention to the idea of "good" law.At the practical level,Pound’s thought of customary law is closely related to the development and construction of the rule of law in China.He draws on his ideas to help the current construction of the rule of law in China from the legislative and judicial levels.At the same time,he is based on China,so that it can better promote the modernization of the rule of law in China.