What does Roscoe Pound mean by describing law as social engineering?
Correct answer: A. Law should balance competing interests to promote social order
- A. Law should balance competing interests to promote social order
- B. Law should be limited to technical rules of court procedure
- C. Law should express only the commands of the political sovereign
- D. Law should develop solely from ancient customs and traditions
Explanation
Pound's sociological jurisprudence treats law as a tool for balancing competing individual, public and social interests. This approach differs from Austin's command theory and Savigny's emphasis on historical development.
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Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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