19th and 20th centuries
Roscoe Pound
1870–1964 · United States · Jurist and Dean of Harvard Law School
1800 BCAD 2000
Life and ideas
Roscoe Pound grew up in Nebraska, trained as a botanist as well as a lawyer, and was dean of Harvard Law School from 1916 to 1936. In 1906 a speech on the causes of popular dissatisfaction with the administration of justice angered the American Bar Association and made his name. He argued that the law should be studied by how it works, not only by what its books say, and that a gap often opens between the 'law in books' and the 'law in action'. He saw law as a kind of social engineering, balancing individual, public and social interests with as little friction as possible. Though he later became more conservative and criticised the realists, he is the main figure of American sociological jurisprudence.
The big idea
Law is a form of social engineering: it should balance the competing social interests of individuals, the public and society, and be judged by its results, not just by its logic.
Main work
Interpretations of Legal History (1923); An Introduction to the Philosophy of Law (1922)
Legacy
Leader of sociological jurisprudence in the United States.
The school of thought
- Sociological Jurisprudence: Study law in society: what it does, whom it serves, and how living practice differs from the books.
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