SPECIAL ASSIGNMENT

Submitted to

Dr. Kaumudhi Challa

Assistant Professor, Jurisprudence

By

Prashant Kerketta
B. A. LL. B. (Hons.) Student
Section – B , Roll No. 119
Admission ID – 013/2013/0812

Hidayatullah National Law University

Uparwara Post, Atal Nagar – 492002 (C.G.)

I
Question 2- The function of law is to resolve competing conflicting interests and to build as
efficient a structure of society as possible, which requires the satisfaction of the maximum of
wants with the minimum of friction and wastes. In the light of given statement, elucidate the
Social Engineering Theory given by Roscoe Pound. Critically examine the relevance of this
theory in the contemporary times with reference to the COVID-19 pandemic and the conflict
between the environmental interests on one hand and the developmental interests on the
other hand. Give your opinion.

ANSWER

INTRODUCTION

The theory of Social Engineering was given by Roscoe Pound. Roscoe Pound is one of the jurists,
who find philosophy and natural law only as something to fill in the positive law and to serve as
post factum critique of the established law.
According to Pound, Law is social engineering, which means a balance between the competing
interests in society in which applied science are used for resolving individual and social problems.
Man is a social creature and necessities a general public for his living, working and pleasure
throughout everyday life. A gathering of individual structures a general public. Society is a
fundamental condition of human life to build up one's character and thus society and human life
consistently go connected to each other. 1
Each individual comes in the world with certain wants and desires. From being in a young age till
mature age, every person expects that his/her craving is to be satisfied. It is difficult to satisfy all
the wants of a person. So, to satisfy the wants of most extreme person for the government
assistance of society the idea of Social Engineering was risen and was backed by Roscoe Pound.
The relation between an individual, the society and the State have been ever changing and different
theories with respect to them have been propounded from time to time. At the outset, society was
administered by customs which had just social sanction. At that point, came the matchless quality

1
'Social Engineering by Roscoe Pound': Issues in Legal and Political Philosophy.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1742165 accessed on 1/10/2020

2
of the priests. From that point forward, the mainstream state rose and dominated all the foundations
of the institutions. As a response, the significance of individual was attested by philosophers and
rationalists. There were revolts and political changes. The need of adjusting and balancing the
government assistance of the general public and individual was realised.
To keep up the legitimate system and its appropriate working, certain interests should be
considered, as like individual interests, public and social interests, a meaning of points within
which such interests will be perceived and offered impact to, and making sure about those points
as characterized.2
While determining the scope and subject matter of the system, the following should be considered:
• Recognizing of Interests of Society,
• Grouping of Interests of Society,
• Define limits of such interests which are legally recognized,
• Securing the Interest.

THEORY OF SOCIAL ENGINEERING

Pound while determining and elaborating the theory of Social Engineering compared the field of
law and engineering together. According to him lawyer’s and engineers have a similar kind of
work. He further explained that the aim of this theory is to have structure in the society where the
needs and requirements of the individuals are satisfied to a limit without having any effect on the
usage of resources available in the environment. 3
For Pound, this balance was Social Engineering, where maximum wants are satisfied without
having any major effect on the resources He defined two words in the theory i.e. ‘Social’ which
means individual coming together to form a group known as society and t ‘Engineering’ which
means application of knowledge to produce finished products over a number of experiments using
a device.
To facilitate the tasks of social engineering, Pound classified various interests to be protected by
law in the following three heads:

2
ROSCOE POUND : SOCIAL ENGINEERING -
http://studymaterial.unipune.ac.in:8080/jspui/bitstream/123456789/3607/1/ROSCOE%20POUND%20THEORY-
converted.pdf accessed on 1/10/2020
3
What is Social Engineering - https://blog.ipleaders.in/all-about-social-engineering/ accessed on 1/10/2020

3
 I. Private Interests / Individual Interest–
According to Pound, claims or demand and desires of an individual usually consists of the
interest in personality, domestic relations and interest of substance.
a. Interest of Personality–
• The physical person,
• Honour
• Will
• Privacy

b. Interest in Domestic Relations –

• Parents
• Marital Relations
• Children

c. Interest of Substance-
• Property,
• Freedom of association
• Succession

II. Public Interest–

According to Pound these are the claims or desires of the individual looked from the stand
point of political life, creating a responsibility of every individual in a society towards each
other and to commonly use things which are open to public.
a. Interests of state as a juristic person -
• Protection
• Claims of the politically organized society as a corporation to property acquired and held
for corporate purposes.

b. Interests of State as a guardian of social interest-

• Administration of trusts and charitable endowments
• Protection of natural environment.

4
III. Social Interest- Social interests are the claim or demands or desires thought of in terms
of social life and generalized as claims of social groups. Social interests are said to
include :
According to Pound these are the claims or demands in terms of social leading towards
fulfilling all the needs of a society as a Social Group..
a. Social Interest Security in General-
• Public Health
• Public Safety
• Law Enforcement in Society
• Social well-being of Society

b. Social Interest Security of Social Institutions

• Security of Public Institutions,
• Security of Religious Institutions,
• Security of Political Institutions,
• Security of Economic Institutions.

RELATION BETWEEN AN INDIVIDUAL AND SOCIAL INTEREST

As per Pound, maintaining balance of interest implies fulfillment of most interests with minimum
waste. It intends to accommodate and alter to the social and individual interest. However in the
span of life of an individual two interests can never go forward altogether maintain a balance.
Pound didn’t pay much concern to this practical fact of the human life living in the society. A
balance between two things can only be made if they tend to be compared together but not when
we speak to take those two things forward together.
The two things which need to balanced together in the society for the common interest should be
the one’s which are able for comparison. Balancing of anything is generally measured by using
Mathematical calculations on which the outcomes are generally in the prescribed ratios. Balancing
means to uplift one thing with the other, so that neither of them losses anything. It is a very
important phenomenon for growth when we talk about moving forward in a direction where
maximum wants are satisfied without having any effect on resources.

5
Pound’s main focus in the theory is to maintain a balance among the resources and the wants of
the society. He aims at saving the resources for a long use and also wishes to fulfil the current
demands. This balance among the two aims at saving the environment around which the society is
living its life.4

JURAL POSTULATES OF ROSCOE POUND

In order to appraise the conflicting interests in due order of priority, pound recommended that
every society has certain basic hypothesis upon which its ordering rests, through for most of the
time they may be understood rather than expressly formulated. The discussed assumption may
be called as jural postulates of the legal system of that society.

Pound has mentioned five jural postulates as follows-

1. Jural postulate I– In a civilised society person must be able to assume that others
will commit no intentional aggression upon them.
2. Jural postulate II– In a civilised society person must be able to assume that they
may control for beneficial purposes what he have discovered and appropriated to his
own use, what he have created by their own labour and what they have created by
their own labour and what he have acquired under the existing social and economic
order.
3. Jural postulate III – In a civilized society Individual must be able to assume that
those with whom they deal as a member of the society will act in good faith and
hence-
4. Individual Will make good reasonable prospects which their promises or other
conduct reasonably create;
5. Individual Will carry out his undertaking according to the expectations which the
moral sentiment of the community attaches thereto.
6. Individual Will restore specifically or by equivalent what comes to them by mistake,

4
Social Engineering: The Legal Philosophy of Roscoe Pound -
https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=4478&context=lawreview accessed on 1/10/2020

6
 or failure of the pre-suppositions of a transaction, or other unanticipated situation
whereby they receive at other’s expense what they could not reasonably have
expected to receive under the actual circumstances.
7. Jural postulate IV– In A civilized society Individual must be able to assume that
those who engage in some course of conduct will act with due care not to cast an
unreasonable risk of injury upon others Individual.
8. Jural postulate V-In a civilized society Individual must be able to assume that others
who maintain things or employ agencies, inoffensive in the sphere of their use but
harmful in their normal action somewhere else, and having a natural tendency to
cross the boundaries of their proper use will restrain them and keep them within their
proper bounds.

Pounds admitted that these jural postulates are not absolute but they have comparative value.
These are ideal standards which law should pursue in society they are of a changing nature and
new postulates may emerge if the changes in society so warrant. Hence the jural postulates by
Roscoe pound provide guidelines for civilized life and they also seek to strike a balance between
reality and idealism as also power and social accountability of men in the community.5

SATISFACTION OF THE MAXIMUM OF WANTS WITH THE MINIMUM OF

FRICTION AND WASTE
Pound’s theory asks for the maximum gain with least friction and waste i.e. maximum satisfaction
of human wants or expectations with least sacrifice.6 Here Pound wants to bring social control in
the society. According to him social control means satisfaction of the maximum of wants of the
human being in a society. Pound says that for social control, interest is the only thing which should
be taken into account and Law is a means of social control. Thus, law should work for balancing
of interest within the society i.e. satisfying maximum interest with least waste.

5
Social engineering by rosco pound- sociological school- https://www.lawnotes4u.in/2020/04/social-engineering-by-
roscoe-pound-sociological-school.html accessed on 1/10/2020
6
M.D.A FREEMAN THOMSON,LLOYD‟S INTRODUCTION TO JURISPRUDENCE,8th ed 2008,Reuters legal
Ltd.pg 903.

7
Pound in his theory, aims at the phenomenon of maximum gain with least friction. This
phenomenon aims at maximum satisfaction of wants with less effect on the resources available.
Pound wants to have a social control between the society and the environment, which is again a
contradicting thing as two interests linked together are difficult to adjust. However, Pound has not
very much touched this practical aspect where the contradicting interests altogether. Equalization
must be done just when two things can be analysed.7
It is true that law and order plays an important role in a society. Law and order are carried out by
the Judiciary and they keep on harmonising the conflicting interests of the individual and the public
through the process of social engineering.
In the society it is always aimed to have a balance between individuals and society and also among
the individuals. To have a balance in the progressing world, society has created a common
document for their protection i.e. Law. Law plays an important and integral part in the society,
working towards to create a balance through its institution through the process of Social
Engineering.

CASE LAWS

§ Vellore Citizen’s Welfare Forum Vs. The Union of India8

In the following case, Supreme Court delivered the judgment that “even if the industries are of
vital importance for the countries progress as they provides employment but having regard to the
pollution caused by him, the principle of „sustainable development‟ has to be adopted as a
balancing concept between ecology and development”. In this case the two principles emerged i.e.
‘precautionary principle’ and the ‘Polluter Pays’ principle9.

7
Social Engineering by Roscoe Pound': Issues in Legal and Political Philosophy -
https://www.researchgate.net/publication/228175797_'Social_Engineering_by_Roscoe_Pound'_Issues_in_Legal_an
d_Political_Philosophy - accessed on 1/10/2020.
8
writ petition, 1996 5 SCR 241, ILDC 443 (IN 1996), 1996 5 SCC 647, 1996 AIR 2715, JT 1996
9
J.N.PANDEY,CONSTITUTIONAL LAW OF INDIA,42nd ed 2005,Central Law Agency Allahabad, pg 239.

8
 § Deepa vs. S.I of Police10

In the following, it was held that the interest of society should be given paramount consideration
over the individual interest of those who are running the show for profit and who are also earning
livelihood by performing the cabaret dance in a hotel11. It was also said that the situation where
society finds the dance as obscene in the eyes of lookers, is an offence under section 294 of IPC
1860. Hence it was found that Social Interest prevails over the Individual Interest.

RELEVANCY OF THIS THEORY IN THE CONTEMPORARY TIMES WITH

REFERENCE TO THE COVID-19 PANDEMIC

Roscoe Pound’s concept of law is of practical importance which inspires judges, legislators &
jurists to mould and adjust law to the needs and to interests of the community. As the society is
always changing law should be continually adapted and readapted to the needs of individuals
person and society. Roscoe Pound, therefore, stresses the need of supreme co-ordination &co-
operation between the legislators, administrators, judges and jurists to work in unison towards
the realisation and effective implementation of law for securing social harmony & social justice
to the general public with the a minimum of waste or friction and maximum of material
satisfaction of wants, needs and interest.12

The same is the situations in India during COVID 19 pandemic as the state is developing and
amending the laws as per the current needs and situation of the country for the maximum benefit
and safety of the people.

10
1986 CriLJ 1120
11
S.N.MISHRA,IPC,16th ed 2008,Central Law Publication,pg393.
14
12
ROSCOE POUNDS on SOCIOLOGICAL
JURISPRUDENCE - http://www.grkarelawlibrary.yolasite.com/resources/LLM-LT-1-Jyoti.pdf accessed on
1/10/2020.

9
ENVIRONMENTAL INTERESTS AND THE DEVELOPMENTAL INTERESTS

CASE-ANIMAL AND ENVIRONMENT LEGAL DEFENCE FUND V. UNION OF INDIA

AND OTHERS16

JUDGEMENT- The supreme court applied the principles of Economic sustainability and
environment protection. If the villagers are not permitted fishing, their livelihood shall be
destroyed. If they are permitted there will be a threaten to the ecology. Hence the Supreme
Court ordered the concerned forest authorities and the Board constituted to take necessary steps
to protect the environment. They shall watch the villagers and give suitable instructions to them.
They shall be educated on the importance of environment. The villagers should not enter in other
areas accepts to the lakes on which they are given fishing rights. PRINCIPLE-The supreme
court applied sociological approaches in this case for the welfare of tribal, whose source of
livelihood is fishing. Not only in this case, but also in every environmental case, the sociological
approach of their lordship is crystal clear. Their lordships often say that “law is a social
engineering”.

CONCLUSION

It is concluded that as law plays an important role in adjusting conflict of interests. Both the
social interest and individual person interest co-exist. Both of them have equal importance.
Roscoe Pound has given an idea of Social Engineering for the American Society but this concept
is followed universally for dispute resolution. India also followed the same concept in
establishing a societal welfare. Both Judiciary & Legislators play an important role in enacting
the statutes to fulfil the various desires of human being.

10
 BIBLIOGRAPHY/WEBLIOGRAPHY

1. 'Social Engineering by Roscoe Pound': Issues in Legal and Political Philosophy-

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1742165.

2. ROSCOE POUND : SOCIAL ENGINEERING -

http://studymaterial.unipune.ac.in:8080/jspui/bitstream/123456789/3607/1/ROSCOE%20
POUND%20THEORY-converted.pdf.

3. What is Social Engineering?- https://blog.ipleaders.in/all-about-social-engineering/.

4. Social Engineering: The Legal Philosophy of Roscoe Pound -

https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=4478&context=lawreview

5. https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=4478&context=lawreview

6. https://www.lawnotes4u.in/2020/04/social-engineering-by-roscoe-pound-sociological-
school.html
7. https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1522&context=vlr.

11