Roscoe Pound on Social Engineering
Volume 7 | Issue 1
Article 1
1-1-1961
The Sociological Jurisprudence of Roscoe Pound (Part I)
James A. Gardner
Follow this and additional works at: http://digitalcommons.law.villanova.edu/vlr Part of the Jurisprudence Commons, and the Law and Society Commons Recommended Citation
James A. Gardner, The Sociological Jurisprudence of Roscoe Pound (Part I), 7 Vill. L. Rev. 1 (1961). Available at: http://digitalcommons.law.villanova.edu/vlr/vol7/iss1/1
This Article is brought to you for free and open access by Villanova University School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
Gardner: The Sociological Jurisprudence of Roscoe Pound (Part I)
Villanova Law Review
VOLUME
7
FALL
1961
NUMBER 1
THE SOCIOLOGICAL JURISPRUDENCE OF ROSCOE POUNDt (PART I)tt
JAMES
A. GARDNERti't
"A desire for an ideal relation among men which we call justice leads to thinking in terms of an achieved ideal relation rather than of means of. achieving it."* I.
INTRODUCTION.
ITH THE RISE OF MODERN SCIENCE, there came to exist among jurists an apparent unanimity of belief in the possibility of applying "the scientific method" to the study of law and legal philosophy. Under the influence of the Comtian positivist sociology, there developed a sociological jurisprudence having in view the understanding of the role of law in society and the application of the social sciences to the study of law in action and the rendering of law more effective as an instrument of social control for the ends which law is designed to accomplish in the civilization of the time and place. As the recognized leader of the sociological school in America for more than half a century, Roscoe Pound has devoted his efforts to this work. Through his vast legal studies, excursions into legal hist This article is a
Article 1
1-1-1961
The Sociological Jurisprudence of Roscoe Pound (Part I)
James A. Gardner
Follow this and additional works at: http://digitalcommons.law.villanova.edu/vlr Part of the Jurisprudence Commons, and the Law and Society Commons Recommended Citation
James A. Gardner, The Sociological Jurisprudence of Roscoe Pound (Part I), 7 Vill. L. Rev. 1 (1961). Available at: http://digitalcommons.law.villanova.edu/vlr/vol7/iss1/1
This Article is brought to you for free and open access by Villanova University School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
Gardner: The Sociological Jurisprudence of Roscoe Pound (Part I)
Villanova Law Review
VOLUME
7
FALL
1961
NUMBER 1
THE SOCIOLOGICAL JURISPRUDENCE OF ROSCOE POUNDt (PART I)tt
JAMES
A. GARDNERti't
"A desire for an ideal relation among men which we call justice leads to thinking in terms of an achieved ideal relation rather than of means of. achieving it."* I.
INTRODUCTION.
ITH THE RISE OF MODERN SCIENCE, there came to exist among jurists an apparent unanimity of belief in the possibility of applying "the scientific method" to the study of law and legal philosophy. Under the influence of the Comtian positivist sociology, there developed a sociological jurisprudence having in view the understanding of the role of law in society and the application of the social sciences to the study of law in action and the rendering of law more effective as an instrument of social control for the ends which law is designed to accomplish in the civilization of the time and place. As the recognized leader of the sociological school in America for more than half a century, Roscoe Pound has devoted his efforts to this work. Through his vast legal studies, excursions into legal hist This article is a