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Law as a Social Engineering Tool in the Legal Philosophy of Roscoe Pound

Mgr Aleksander Olaf Szpojankowski

Cardinal Wyszyński University in Warsaw

Abstract: The article discusses the subject of Roscoe Pound’s sociological jurisprudence with particular emphasis on the concept of social engineering, as well as the use of law as a tool through which the assumptions of this concept are implemented. The article also presents the key concepts of social engineering, specifically the theory of social interests, defined by R. Pound, and the theory of social development stages, which theories form the basis which enables the assumptions of social engineering to be implemented. The article also presents the sources of inspiration that R. Pound was guided by in the process of developing his theories. The concept of social engineering is compared to the theories of Leon Petrażycki, Alf Ross, and Karl Popper. The benefits and threats of social engineering are also indicated. The conclusions touch upon the subject of the topicality of R. Pound’s philosophy in the context of contemporary democracy and the potential threats to civil liberties that could flow from the implementation of the assumptions of R. Pound’s philosophy.

Keywords: sociological jurisprudence, Roscoe Pound, social engineering, social interest, American legal realism, legal realism

Language: Polish

Received: 26.02.2018
Accepted:
01.09.2018

Published: Number 1(19)/2019, pp. 94-107

DOI: https://doi.org/10.36280/AFPiFS.2019.1.94

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Filed Under: Articles Tagged With: Aleksander Olaf Szpojankowski, American legal realism, legal realism, Roscoe Pound, social engineering, social interest, sociological jurisprudence

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Mariola Żak Maciej Zieliński Mateusz Zeifert judicial precedent law and ethics judicial discretion moral psychology monism fairness la petite éthique Dominika Bek legal doxa law and language cultural defence society Niklas Luhmann Olga Sitarz theory of democracy aims means of the law CLS legal science Bayes' theorem pluralism regulation of order legal ethics justification of interpretive claim claim to correctness multilingualism of law scrivener’s error liberty temporal nature of social systems proportionality natural law personalistic dialogue theoretical disagreement individual and political freedom legal advisors Jakub Karczewski spirit of law deontological ethics normative theories of legal interpretation thick properties professional ethics of legal advisors legislative history realism networks embodied cognition Saul Kripke Herbert L. A. Hart international legal theory

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