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FUNCTIONAL SCHOOL

OF JURISPRUDENCE

GROUP 4
LEGAL PHILOSOPHY
 Also called as:

1) “Theory of Sociological
Jurisprudence“

2) “Sociology of Law" or

3) “Social Science School of


Law"
 Law is a tool for the
"balancing of interests" in
society

 It is a tool of "social
control" or "social
engineering"

 In a sense, it adheres to
the tenets of "pragmatic
ethics" or "ethical
relativism" as it aims to
serve the interests of
society with the least
friction
It focuses on:

 The question: "Will this


law work?"

 The "operation and


effects" of law in relation
to the interests of society

 The “interests of society”


as the source of law
Its Aim and Main Guidepost

 The AIM of this school of


thought is to identify the
different interests in the
society so that they may
be balanced with each
other
 Its Main Guidepost is
“the greatest good for the
greatest number” or
“Social Utilitarianism"
Roscoe Pound

 Born on 1870 in Nebraska


 Dean of Harvard Law School
 Strove to link law and society
through his "sociological
jurisprudence" and to improve
the administration of the judicial
system
 He argued that the law is not
static and must adapt to the
needs of society

Roscoe Pound
"The law must be stable, but
it must not stand still."
3 Kinds of Interests

 1) Individual – claims or
demands or desires
involved immediately in
the individual life and
asserted in title of that
life; asserted for the
titles of indivudual life
 2) Public – claims or
demands or desires
involved in life in a
politically organized
society and are asserted
in title of that
organization; asserted
for or in the title of
politically organized
society
 3) Social –distinct and
vital set of interests
whereby they were
described as “claims or
demands or desires
involved in the social life
in civilized society and
asserted in that title of
life”
 Pound placed his
sociological jurisprudence
in opposition to what he
termed "mechanical
jurisprudence"

 Pounds primary concern


therefore was to advance a
more unified approach
blending the
methodological and
normative precepts
“Law is experience developed by reason
and applied continually by further
experience.”

-Roscoe Pound

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