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Social Control Through Law - Roscoe Pound (Hardcover)
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Social Control Through Law - Roscoe Pound (Hardcover)
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Social Control Through Law is remarkable in manner and style.
Roscoe Pound shows himself to be a jurist, philosopher, and
scientist. For Pound, the subject matter of law involves examining
manifestations of human nature which require social control to
assert or realize individual expectations. Pound formulates a list
of social-ethical principles, with a three-fold purpose. First,
they are meant to identify and explain human claims, demands, or
interests of a given social order. Second, they express what the
majority of individuals in a given society want the law to do.
Third, they are meant to guide the courts in applying the law.Pound
distinguishes between individual interests, public interests, and
social interests. He warns that these three types of interests are
overlapping and interdependent and that most claims, demands, and
desires can be placed in all three categories. Pound's theory of
social interests is crucial to his thinking about law and lies at
the conceptual core of sociological jurisprudence. Pound explains
that rights unlike interests, are plagued with a multiplicity of
meanings. He rejects the idea of rights as being natural or
inalienable, and argues that to the contrary, interests are
natural.The contemporary significance of the book is aptly
demonstrated by the skyrocketing rate of litigation in our
postmodern society. As the influence of familial and religious
institutions declines, the courts exert an unprecedented degree of
control over the public and private lives of most Americans. Law is
now the paramount agency of social control. In the new
introduction, A. Javier Trevino outlines the principal aspects of
Roscoe Pound's legal philosophy as it is conveyed in several of his
books, articles, and addresses, and shows their relationship to
Social Control Through Law. This book is an insightful, concise
summary of Pound's ideas that, after more than half a century,
remains surprisingly fresh and relevant. It will doubtlessly
continue to engage jurists, legal theorists, and sociologists for
many years to come.
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