FINAL DRAFT-JURISPRUDENCE

“ SOCIAL ENGINEERING THEORY AND ITS RELEVANCE IN INDIAN

PERSPECTIVE – AN ASSESMENT”

SUBMITTED TO:

DR. SHAKUNTLA SANGAM, ASSISTANT PROFESSOR RMLNLU

SEMESTER V

B.A.L.L.B

BATCH 2019-2024

SUBMITTED BY:

MOHIT SINGH ( ENROLLMENT NO. – 190101096)

 ACKNOWLEDGEMENT

I would like to express our gratitude and appreciation to all those who helped me in
completing this project. Firstly, I would like to express our gratitude towards our subject
teacher, Dr. Shakuntla Sangam, Assistant professor, Jurisprudence who gave me the
opportunity to work on the project titled as “Social Engineering Theory And Its Relevance
In Indian Perspective – An Assesment.”
I thank her for her help, stimulating suggestions and encouragement which led me to
complete this project successfully. Without her help the completion of this project would
not have been possible.

I express sincere gratitude to our institute, RAM MANOHAR LOHIA NATIONAL LAW
INSTITUTE AND MADHU LIMAYE LIBRARY ADMINISTRATION for providing
me with the online resources in this crisis situation to felicitate our project completion on
time.

I would like to thank my batchmates for their cognitive enthusiasm, which has led me to
the completion of this project. Lastly, I would like to thank my parents, for their constant
support and for the fulfilment of all our educational needs.

I know that despite my sincere efforts, some discrepancies might have crept in, I hope an
dbelieve that I would be pardoned for the same.

Thanking You

Mohit singh
 INDEX

INTRODUCTION

ROSCOE POUND’S CONCEPT OF SOCIAL ENGINEERING

IS SOCIAL LEGISLATION A TOOL FOR SOCIAL ENGINEERING ?

SOCIAL ENGINEERING IN INDIA BY THE WAY OF LEGISLATIONS

SOCIAL ENGINEERING BY THE WAY OF JUDICIAL DECISIONS

CRITICISM OF SOCIAL ENGINEERING THEORY BY ROSCOE POUND

CONCLUSION

REFERENCES
 INTRODUCTION

Man is a social animal and needs a society for his leaving, working and enjoying life. A
group of individual forms a society. Society has become an essential condition for human
life to develop his or her personality. Therefore society and human life always go together.
Every human being has also born with some desires and expectations which are inherent
in nature. From childhood to till old age, every human being expects that his or her desire
is to be fulfilled for which their arise conflict of desires or claims which comes under the
term ‘interest’. So, this is in general sense .

But when we talk of india, this becomes overarchingly very consequential and important
for a diverse country like ours, which is basically a home to around hundreds of languages,
faiths , religions, beliefs , basically the amalgamation of composite culture . there should
be no wonder when Pandit Nehru termed our country as “ the museum of world religions”.
Indeed, the very paradigmatic setting of India has been pluralist all along. Even today the
land mass called India, spread over millions of sq km of area inhabited by a thousand
million plus population, with every imaginable kind of a weather pattern from minus 40
degree Celsius in greater Himalayan region to 50 degree Celsius temperature in the
deserts of Rajasthan and temperate weather of coastal regions, 20 official languages
written in 16 different scripts, around 2000 dialects presents a mind boggling variety and
plurality. Under these conditions, it becomes very necessary to have a mechanism for
balancing the interests of the individuals, society and the state. India, after independence,
adopted the ideal of a socialistic pattern of society and has formulated programmes of
social welfare in various spheres1. The aim is to establish a social order which would
eradicate exploitation, secure equal opportunities for all citizens, ensure that they share
just obligations and enjoy social security. The means adopted in achieving these ideals
are peaceful and democratic.

It is in these circumstances that law comes into play to act as an agency balancing
conflicting interests and becomes a tool for social engineering. The force which asks for
the adoption of Social engineering is nothing but the conflict of interests of individuals.
Interests more particularly the conflicting interest are the subject of Social Engineering.

1
Karandeep Makkar, Law As a tool for Social Engineering In India, MANUPATRA ,
http://manupatra.com/roundup/331/Articles/law%20as%20tool.pdf
 Social engineering is based on the notion that Laws are used as a means to shape society
and regulate people’s behaviour. It is an attempt to control the human conduct through
the help of Law.

ROSCOE POUND’S CONCEPT OF SOCIAL ENGINEERING

Roscoe Pound (1870-1964) is considered as a noted jurist and sociologist who is known
as the founder of American school of soicological jurisprudence. The heart of sociological
jurisprudence is Pound's "theory of interests": social control requires informed
adjustments between competing social interests.2 Adjudication of conflicts must not rely
on rigid interpretations of precedents, but must take account of social change and relevant
social scientific data. Pound's theory is deeply liberal and steeped in the American
progressivism of the early twentieth century. Weaknesses in Pound's theory mirror his
unreflexive acceptance of the biases of his white, male, professional world. Nonetheless,
Pound's sociological critique of law was progressive, insightful, and foundational.
Moving forward towards the social engineering concept, we need to understand that he
introduced the doctrine of “Social Engineering” which aims at building an efficient
structure of society which would result in the satisfaction of maximum of wants with the
minimum of friction and waste. It involved the rebalancing of competing interests.
Roscoe Pound defined the legal order by reference to the end of law: "It [the legal order]
may well be thought of as a task or as a great series of tasks of social engineering; as an
elimination of friction and precluding of waste, so far as possible, in the satisfaction of
infinite human desires out of a relatively finite store of the material goods of existence." 3

Interests", "desires", "claims", "wants" - for the most part the words are used
interchangeably in Pound's writings, although "interests" sometimes serves as the
inclusive term.3 He writes, “For the purpose of understanding the law of today I am
content with a picture of satisfying as much of the whole body of human wants as we may
with the least sacrifice. I am content to think of law as a social institution to satisfy social
wants--the claims and demands involved in the existence of civilized society--by giving
effect to as much as we may with the least sacrifice, so far as such wants may be satisfied
or such claims given effect by an ordering of human conduct through politically organized

2
Roscoe Pound, “Interpretations of Legal History” , Harward University Press, 160-163 (1946)
3
Roscoe Pound, “ An Introduction To The Philosophy Of Law”, Transaction Publishers, 20-29 ( 1999)
 society. He further speaks that the the record of a continually wider recognizing and
satisfying of human wants or claims or desires through social control; a more embracing
and more effective securing of social interests; a continually more complete and effective
elimination of waste and precluding of friction in human enjoyment of the goods of
existence-- in short, a continually more efficacious social engineering.” 4

We have to understand that he was not unmindful that the term ‘law’ has wider
connotations, but the task he set himself was the discovery of the ways in which the formal
legal order serves its social purpose. The legal order is not simply the set of legal rules
but the whole legal system, comprising its institutions, doctrines, rules and techniques.

Task of the legal order

According to Pound, the legal order has changed overtime. . In primitive societies, ‘the
law aimed at nothing more than keeping the peace . . . putting an end to revenge and
private war as the means of redressing injuries 5 . The law was not an instrument for social
change. The role of the law was to maintain the status quo . But, since then Pound started
to write about law. His view about the role of law is practical and modest : law’s task is
to recognise and adjust competing interests with a minimum of friction and waste. He
identified legal and judicial activity as a form of social engineering. Pound did not use
the term ‘social engineering’ in the modern sense of deliberate attempts to restructure
society or rearrange social relations. Rather, it was a comparison of the legal task to that
of a problem-solving design engineer who tries to make the machine run more efficiently
and smoothly. Pound thought that the adjustment of competing interests with minimum
friction and waste had a philosophical value, but did not elaborate on the question.

The question of interests

Interests are claims that persons make of the legal system. Some of these claims are
already recognised by law, but there are others that are not so recognised. My claim not
to be subject to physical violence is recognised by the criminal law. Trade unions make
many claims on behalf of workers. Some are granted by the legal system and others are

4
Sai Abhipsa Gocchayat, “Social Engineering by Roscoe Pound': Issues in Legal and Political Philosophy”
SSRN, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1742165
5
Ibid
 not. Pound identified three kinds of interests:individual interests, public interests and
social interests. Individual interests relate to person, property and personal relations such
as marriage. Public interests relate to the dignity of the state as a juristic entity.

Social interests include the interest in public safety, peace and order, and public health.
These interests overlap with individual interests. There are also social interests in the
security of social, domestic, religious and economic affairs . These interests are frequently
in conflict. Labour claims for minimum wages conflict with claims for contractual
freedom. A factory owner’s claim to operate machinery may conflict with a neighbour’s
claim against noise. Pound’s simple point is that there are incessant efforts by individuals
and groups to gain recognition of new rights and to defend established rights. The
resulting conflicts have to be resolved by the legislature and, in the absence of legislation,
by the courts. . Pound’s simple point is that there are incessant efforts by individuals and
groups to gain reco.gnition of new rights and to defend established rights. The resulting
conflicts have to be resolved by the legislature and, in the absence of legislation, by the
courts.

Further, we have to understand that Based on the abovementioned boundaries of interests,

Pound gave five postulates or interests that are needed to be protected during a conflict
or clash of interests. These five postulates include: 6

• People in society must not exercise aggression on one another – a postulate that can be
seen as a base of Criminal Law in the modern era;

• An individual shall be able to benefit and commercialize any thing that they invented
or made – a postulate that can be seen as a base of Law of Patent in the modern era;

• People must fulfil the promises they made among themselves – a postulate that can be
seen as a base of Law of Contracts in the modern era;

• People must rectify or compensate any mistake done by us that cause damage to the
other person – a postulate that can be seen as a base of Law of Tort in the modern era;

6
Debapriya Biswas,“Roscoe Pound’s Theory of Social Engineering” LAWCOLUMN,
https://www.lawcolumn.in/roscoe-pounds-theory-of-social-
engineering/#Five_Postulates_given_by_Roscoe_Pound
 • People must indemnify the damages caused to another due to any dangerous substance
present on their own property – a postulate that can be seen as a base of Law of Strict
Liability .

Pound, however, also admitted that these postulates are not absolute and can vary from
situation to situation. Here, according to him, comes the role of the social engineers to
apply the law to the structure of the case and bring the ‘finished product’ of justice and
peace to the society. The relative values of these postulates entail these as the base of
civil society and if any more postulates are needed to be added in accordance with the
changing times, then so shall they be added.

IS SOCIAL LEGISLATION A TOOL FOR SOCIAL ENGINEERING ?

Legislation is an instrument to control, guide and restrain the behavior of individuals

and groups living in society. Individuals and groups left in absolute freedom may clash
with each other in the pursuit of their self interest at the cost of others. They cause grave
harm to society leading to chaos. Legislation is one of the many institutions which
controls and directs individual action into desirable channels. A comprehensive
definition of the term social legislation is found in the Dictionary of Sociology by
Fairchild7. According to this definition social legislation means laws designed to
improve and protect the economic and social position of those groups in society which
because of age, sex, race, physical or mental defect or lack of economic power cannot
achieve health and decent living standards for themselves.

The need and importance of social legislation in a Welfare state like ours country
cannot be undermined. Our Constitution reflects the aspirations of masses to become a
welfare state where everyone enjoys the right to live a dignified life and right to the
pursuit of happiness are fundamental. In broader sense, everyone in the country men is
entitled to have basic human rights such as right to life, employment, work health,

7
Dr. S. Kannan, “Legal Inclusion and Social Engineering: Gaps and Measures in the Indian Context”
RESEARCHGATE,
https://www.researchgate.net/publication/349161394_Legal_Inclusion_and_Social_Engineering_Gaps_and_Me
asures_in_the_Indian_Contex
 education, etc. Now these rights can only be secured through State action. Social
legislation gives us a proper formalized legal framework for achieving these goals.

When we look at the jurisprudential aspect of the social legislation, we find that it has
some special significance in this regard. The primary functions of social legislations
are summed up by Hogan and Inni in the following words8 :

(1) To provide for the orderly regulation of social relationship.

(2) To provide for the welfare and security of all individuals in the social unit

Social legislation, therefore, aims at establishing social equality in society. The needs
of society are adjusted and those who are responsible for creating imbalances or
inequalities in society are prevented from doing so. It is however, necessary that all
social legislation must be accompanied by “social preparedness” - by effective
propaganda to educate the people about its objects and to convince them of the ultimate
utility of a particular legislative measure aimed at promoting the common good and
fostering the common welfare.

SOCIAL ENGINEERING IN INDIA BY THE WAY OF LEGISLATIONS

Law played a major role in bringing social change among all the segments of the
population in India. Legislations pertaining to the weaker sections, amendments in to
Hindu marriage and family, Labor welfare, Dowry prohibition, Child marriage
prohibition, protecting the interests of handicapped, minorities and powerless groups,
reform relating to social evils like beggars, begging, prostitutions, surrogacy, Immoral
trafficking and social security were enacted with the hope that these laws would attempt
to abolish social evils or facilitate in bringing about desired social change in India. With
varying degree of success, these social legislations attempts to cover the gap between
consensual values and apparent incongruence with prevailing patterns of behavior 9.
Social legislations involves an active process of remedy by preventing or changing the
wrong course of society or by selecting among the courses that are proved to be right.

8
Hogan and Inni, “American Social Legislations”, Harper and Brothers, New York, at p.4.
9
Ibid 7
 brought certain amount of change in the social circumstances by overcoming the
traditional customs and practices.

For the illustrative purposes, if we look at the introduction of certain major changes in the
Hindu family law is a very important instance of social reconstruction in India in recent
times. This has been brought about by such Acts, as The Hindu Marriage Act, 1955, the
Hindu Minority and Guardianship Act, 1956, and the Hindu Adoption and Maintenance
Act, 1956. The provisions of these Acts are calculated to generate effective means of
social control. For instance, Section 12 of the Act 10 prohibits polygamy which was very
prevalent in the society before the enactment of the Act. This can be viewed as a measure
to balance the interests of the husband and wife as also a means for social control. Alos,
when we talk of rural india , we see that the kind of socio economic revolution that has
resulted from new land legislation is best seen in rural india . The land reform measures
like zamindari abolition act, tenacy rights act etc , adopted by the State Governments in
the wake of Constitutional amendments, are meant to mitigate the hardships of tenants,
strengthen and safeguard their tenancy rights and confer a new status on them. This type
of legislation can be rightly regarded as one neutralising the socio-economic disharmony
in the rural population. The pitiable conditions and large-scale poverty of the rural
population produced a sense of frustration in our peasantry endangering the entire society.
The grievances of the agriculturists are being gradually removed by the land reform
projects which would ultimately bring about a degree of social satisfaction and create a
spirit of co-operation in the masses.

Further another illustration on this point is the labour laws that are aimed at battering the
conditions of the workers in trade and industry. These laws have had an impact on social
structure to a large extent. The individual worker’s interest has been given great
importance. The freedom of contract between the employer and the employee has been
regulated in the interest of the worker and attempt has been made to assure to every
worker condition of work ensuring a decent standard of life. A number of important
enactments as, for example, The Industrial Disputes Act, 1947, The Minimum Wages
Act, 1948, The Plantation Labour Act, 1951, The Maternity Benefit Act, 1961 have been
designed to curb, if not eradicate, the urge to exploit workers. Thus, they promote the

10
The Hindu Marriage Act, 1955
 welfare of workers and balance interests of employees and employers hence resulting in
social engineering.

SOCIAL ENGINEERING BY THE WAY OF JUDICIAL DECISIONS

Judiciary decisions are the most important instrument for bringing the social change and
by balancing the interest of the various stakeholders of the society. There is a gap between
the law in books and law in practice. Judiciary is playing a major role in implementation.
In the very recent past Supreme Court has shown extraordinary legal dynamism through
struck down Section 377 of the IPC (Navtej Singh Johar and Ors v Union of India 11, 2018)
and Section 497 of the IPC (Joseph Shine v Union of India12, 2018), partly upheld the
Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act,
2016 (K S Puttaswamy v Union of India13, 2018) and prevented women to enter the
Ayyappa temple at Sabarimala in Kerala were unconstitutional Indian Young Lawyers
Association v State of Kerala, 14 2018). These are few important judgments that have
tangibly advanced the cause of women’s rights, LGBTQ (Lesbian, gay, bisexual,
transgender, and queer) rights, and the right to privacy. This judgements brought changes
at micro level but have greater impact on society.

I will give two examples wherein supreme court has clearly enshrined the social
engineering theroy while deciding on the dispute.

• Animal And Environment Legal Defence Fund Vs. Union Of India And Other 15

The SC in this judgement 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

11
AIR 2018 SC 4321
12
2018 SCC Online SC 1676
13
(2017) 10 SCC 1
14
(2019) 11 SCC 1
15
(1997) 3 SCC 549
 to the lakes on which they are given fishing rights. The legal principle enshrined
in this decision is the sociological approaches in this case for the welfare of tribals,
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”

• Vellore citizen’s welfare forum Vs. Union of India 16

This case is also known as the tannaries case, SC observed in this case that the
constituional and statutory provisions protect a person’s right to fresh air , clean
water and pollution free environment, but the source od right is the inalienable
common law right of clean environment,”. The court further observed that the
right to a person to pollution free environment is the part of basic jurisprudence
of the land. Thus, the Court accorded the priority of public interest over individual
interest.

Furthermore, we need to understand one more thing here that People need to approach
the court by giving up their fear regarding law and justice system. There were many
misconceptions about the justice system, like costly, lengthy procedures, pending cases,
long time process particularly land matter cases has been pending for past 20 years and it
will take another 10 years for the matter to be disposed for the concerned person to get
any kind of justice. Further, only five percent of total cases are coming to courts others
are either settling is outside or dropping the litigation. In conclusion in order to ensure
‘proper access to justice’ there should be adequate number of judges in the judicial
system. Today we have courts and everything but judges are missing then how the justice
would be served.

Apart from the legislations and the case laws by the judicary, the theory of social
engineering is also exhibited by the constituional provisions promoting social harmony
like Article 15,16,17, 23 etc.

CRITICISM OF SOCIAL ENGINEERING THEORY BY ROSCOE POUND

Despite pound’s great contribution to sociological jurisprudence and his emphasis on

studying the actual working of law in the society,his theory suffers from certain

16
1996 5 SCR 241
 drawbacks. Pounds theory of social engineering has been criticised on various grounds.
It is contended that the classification of interests by pound is in the nature of a catalogue
to which additions and changes have constantly to be made which is neutral as regards
the relative value and priority of the interest enumerated. Pound’s theory of social
engineering has been criticised for the use of the term engineering, which equates society
to a factory like mechanism. Law is a social process rather than the result of an applied
engineering. Equating society with a factory is also not correct because the former is
changing and dynamic in nature whereas the latter is more or less static.

Again , pound’s emphasis on engineering ignores the fact that law evolves and develops
in the society according to social needs and wants for which law may either have develops
in the society according to social needs and wants for which law may either have
approbation or disapprobation.

Dr. Allen has criticised 17 the utilitarian in pound’s theory as it confines the interpretation
of wants and desires to any material welfare of individual’s life completely ignoring the
personal freedoms which are equally important for a happy social living. It has also been
argued against pound’s theory of interests that it has no significance in a pluralistic society
where there are linguistic, ethics, and religious minorities having diverse interests.
Harmonising their divergent interests is by no means an easy task to be performed through
law and courts.

A general criticism against pound’s theory is regarding his use of the word
‘engineering’,because it suggest a mechanical application of the principle to social needs,
the word “engineering” is used by pound metaphorically to indicate the problems which
the law has to face, the objectives which it has to fulfil and the method which it will have
to adopt for this purposes. Pound does not give an ideal scale of values with reference to
interests. In fact pounds himself has admitted that philosophy has failed to provide an
ideal scale of values and that the best that jurist can do is to proceed with the task of
adapting law to the needs of his generalisation the choice between conflicting ideologies
is one for the community at large. Anothercriticism against his theory is that emphasis on
engineering ignores an important part of law which develops and evolves in the society

17
VD MAHAJAN, JURISPRUDENCE AND LEGAL THEORY 632-645 ( 6th ed. Eastern Book Company
1993)
 according to social needs the law simply recognises or approves it. This dynamic feature
of law is undermined. Pound himself has inserted a certain evaluation by describing the
interest in individual life as the most important of all. However, there is a danger of an
implicit evaluation in the grading of interests as individual, public or social. What is an
individual and what is a social interest is itself a matter of changing political conceptions.
Many interests come under different categories.

According to Prof. Fite there is no obligation to respect the personal interests of those
who evade the responsibility of standing for themselves .this attitude results in the
pressure –group theory of government which sees the legislature as a scene of struggle
between competing interests and the cabinet as made up of the representative of various
classes. Pounds theory shifts the centre of gravity in the legal order from legislation to
court judgements, but the judiciary has its decisions and therefore cannot really do
effective social engineering 18. Justice can give ad hoc judgements on specific issues
coming up before them but they cannot frame a broad plan for restructuring society . of
course, a judge can focus attention on a pressing social problem and through his
judgement can create a modern legal principle or suggest some alteration in the law, but
he cannot do what the legislature can do. Justice without law can result in total
lawlessness and arbitrariness. The rule of law, that is, the view that decisions should
bemade by the application of known rules and principles, was a great achievement of
positivist jurisprudence. To abandon it would be a retrograde step.

Prof. Dias points out that pounds engineering analogy is apt to mislead. What, for
instance, is the “waste and friction” in relation to the conflict of interests? Further, the
construction, for example of a bridge, is guided by a plan of the finished product and the
stresses and strains to be allowed to each part are worked out with a view to producing
the best bridge of that kind in that place. But with law there can be no plan, worked out
in detail, of any finished product, for society is constantly developing and changing and
the pressures behind interests are changing too. Therefore, the value or importance to be
allotted to each interest cannot be predetermined.

CONCLUSION

18
ibid
Rapid change in Indian social life is the result of many factors. The influence of public
opinion, the lessons of history, and the examples of progress achieved in other countries,
the impact of ideas from the West- all have played a part. The legislative activity in India
after independence has been directed, by and large, towards the creation of a new social
order. The gap between pressure of changed patterns and the slowly evolving new norms
of social life was sought to be plugged by many important laws. To make social
engineering through the use of law, the importance of other factors like economic
development needs to be realised as well .it can be easily concluded by and large that th
e legislature with a very good intention has always introduced the social leguislation in
order to maintain the social order . Apart from it, Public opinion also plays an important
role. There should be awareness amongst the various sections of the society before
legislation is enacted for its successful enforcement. The purpose of social legislation like
other types of legislations is not fulfilled if its enforcement is lax. If laws are evaded by
people, this undermines the purpose of legislation, breeds corruption and puts the
administrative machinery under heavy strain. This may ultimately lead to disintegration
of the society. In order to harmonize our relations in the society, it is absolutely essential
that changes in law should be preconditioned by the existing public opinion in the society.
In other words, the changes in law should be only in those directions and to that extent
which the people in general aspire in the society.

MAJOR REFERENCES

• McLean, Edward B. “ROSCOE POUND'S THEORY OF INTERESTS AND

THE FURTHERANCE OF WESTERN CIVILIZATION.” <i>Il Politico</i>,
vol. 41, no. 1, 1976, pp. 5–34. <i>JSTOR</i>, www.jstor.org/stable/43209883.
Accessed on 17th Aug. 2021.

• Encyclopedia Britannica. 2020. Roscoe Pound | American Jurist, Botanist, And

Educator. [online] Available at: <https://www.britannica.com/biography/Roscoe-
Pound [Accessed on 18 August 2020].

• Veena madhav Tonapi, Textbook on Jurisprudence, Universal Law Publishing

Co. , 2010
• NimishMahajan321, 2020. Roscoe Pound. [online] Slideshare.net. Available at:
https://www.slideshare.net/NimishMahajan321/roscoe-pound [Accessed 18
August 2020].

• Govind ramnath kore, roscoe pound on sociological jurisprudence,

www.grkarelawlibrary.yolasite.com,accessed on August 18th 2021 .

• Gochhayat, Sai Abhipsa, 'Social Engineering by Roscoe Pound': Issues in Legal

and Political Philosophy (November 15, 2010). Available at SSRN: Gochhayat,
Sai Abhipsa, 'Social Engineering by Roscoe Pound': Issues in Legal and Political
Philosophy (November 15, 2010). Available at SSRN:
https://ssrn.com/abstract=1742165 or http://dx.doi.org/10.2139/ssrn.1742165

• Vd Mahajan, Jurisprudence And Legal Theory 632-645 ( 6th ed. Eastern Book
Company 1993)