Functional School.pptx

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