DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY,

LUCKNOW

JURISPRUDENCE PROJECT

Understanding Roscoe Pound’s Idea of

Social Engineering in Law

SUBMITTED TO:
SUBMITTED BY:

Ms. Shakuntala Sangam

Divyansha Verma
Associate Professor
Enrolment No. 220101068

(Law)
Semester V, Section ‘A’

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DECLARATION

I hereby declare that this project titled “Understanding Roscoe

Pound’s Idea of Social Engineering in Law” is my original work and
has been prepared by me in accordance with the guidelines provided.
This project has not been submitted previously for any other course or
examination. All sources and references utilized in this project have been
duly acknowledged, and I have ensured the integrity and originality of
the work.
I understand that any form of plagiarism or misrepresentation may lead
to disciplinary actions in accordance with the academic policies of this
university.

Divyansha Verma

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ACKNOWLEDGEMENT

I would like to express my heartfelt gratitude to all those who have

contributed to the successful completion of this project titled
“Understanding Roscoe Pound’s Idea of Social Engineering in
Law”. I extend my sincere appreciation to my professor, Ms. Shakuntala
Sangam, for her invaluable guidance, support, and encouragement
throughout this project. Her insights and expertise have significantly
enriched my understanding of the subject matter. I also wish to thank my
peers and colleagues for their assistance and constructive feedback,
which helped enhance the quality of this project. Lastly, I am grateful to
my family and friends for their unwavering support and encouragement
during this endeavour.

Divyansha Verma

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TABLE OF CONTENTS

Introduction................................................................................................5

The Foundation of Social Engineering Theory...........................................6

Definition.................................................................................................6

Analysis of the Definition.........................................................................6

Theory of Social Engineering.....................................................................8

Application of this Theory in the Current Scenario..................................10

Criticism of the Theory.............................................................................13

Conclusion................................................................................................14

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Introduction

Roscoe Pound, a renowned American legal philosopher, was a prominent

figure of the Sociological School of Jurisprudence that arose in the 19th
to 20th century as a reaction against the positivist theory of law. The
Sociological School regards societal customs and society itself as sources
of law, arguing that law is not merely about individuals, but about the
association of individuals in society.
Pound, who is recognized as the father of this school, supported this idea
by introducing his own concept of Social Engineering based on the
Sociological School. In his theory, Pound drew an analogy between
lawyers and engineers, viewing law as a body of knowledge and
experience that can be utilized by “social engineers” such as lawyers and
advocates to structure society. He likened law to engineering by stating
that just as engineers use their expertise to give structure to their final
products, the law can be used in the same way to create a structured
society that leads to happiness.
Pound believed that the law’s primary goal is to establish equilibrium and
concord in society, as individuals always priorities their own interests. In
simpler terms, he advocated for maximum happiness and minimal conflict
among members of society when conflicts of interest arise. He contended
that it is the responsibility and purpose of the law to intervene and
mediate during such conflicts between personal interests and communal
interests. Furthermore, Pound stressed the significance of both individual
and communal interests, which should receive equal consideration unless
a conflict arises.

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The Foundation of Social Engineering Theory

It is commonly recognized that laws are established to mold society and

govern the actions of individuals upon whom they are enforced. The
objective of creating laws is to strike a balance between the welfare of
society as a whole and that of each individual. Laws also serve the
purpose of regulating human behaviour.

The doctrine of law revolves around two key components: society and
human beings. It acknowledges the interdependence between these two
elements and endeavours to create a harmonious relationship between
them by utilizing legal mechanisms to establish a framework for peaceful
coexistence and social stability.

Definition
According to Pound, “Law is social engineering which means a balance
between the competing interests in society, in which applied science are
used for resolving individual and social problems.”

Analysis of the Definition

The term “social” denotes a collection of individuals who come together
to form a society, while “engineering” refers to the practical application
of scientific principles through the use of tools and devices. Pound draws
a parallel between the work of lawyers and that of engineers.

The social engineering theory of Roscoe Pound is based on the belief that
the law can be used as a tool to engineer and structure society for the
betterment of its members. This theory suggests that lawyers and
advocates are social engineers who use their knowledge and experience
of the law to create a framework for a better society.

Pound believed that law and society are interdependent and that the
law’s primary objective is to establish equilibrium and concord in society
by resolving conflicts between self-interests and community interests.
According to Pound, the law should be used as a means of social control

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to achieve the goals of maximum happiness and minimum friction in
society. The social engineering theory emphasizes the role of law in
shaping and improving society, and it asserts that the law should be used
as a tool to create a harmonious and balanced social order.

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Roscoe Pound believed that in order to create an effective legal
system, the following steps must be taken when determining the
scope and subject matter of the system:

1. Preparation of an inventory of interests, classifying them: This

involves identifying and categorizing the various interests of
individuals, groups, and society as a whole
2. Selection of the interests which should be legally recognized: This
involves determining which interests should be protected and
enforced by the legal system.
3. Demarcation of the limits of securing the interests so selected: This
involves defining the scope and boundaries of legal protection for
the selected interests.
4. Consideration of the means whereby laws might secure the
interests when those have been acknowledged and delimited: This
involves identifying the legal mechanisms and tools that can be
used to protect the selected interests.
5. Evolution of the principles of valuation of interests: This involves
developing a set of principles to evaluate the relative importance of
the selected interests and to balance them against one another.

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Theory of Social Engineering

Pound distinguishes three sorts of legal interests. They are as follows:

1. Private Interest
Also known as individual interests, are assertions, demands, or wishes
made from the perspective of the person, according to Pound. According
to Pound, individual interests include:
a. Personality- interest of personality comprises of interests in:
 The physical person,
 Willpower,
 Integrity and Reputation,
 Sensitivities and Privacy,
 Beliefs and Opinions.
b. Domestic relationships:
It is critical to distinguish between an individual’s interest in a
domestic connection and the interest of society in structures like
the family and marriage. Individuals with the following interests:
 husbands and wives,
 parents and children And
 marital interests.
c. Substantive interest:
 Property Interests,
 Succession, Disposition Of A Will,
 Industry And Contract Freedom,
 Promised Benefits
 Favorable Interpersonal Relationships,
 Associational Freedom, And
 Job Stability
2. Social Interest
He defined public interests as claims, demands, or aspirations viewed
from the perspective of living in a politically constituted community.
According to Roscoe Pound, the key topics of popular attention are:

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a. Interests of the state as a legal entity: The interests of the state as
a legal entity, which include Protection of the interests of the state as
a legal person claims to property that has been bought and held for
corporate purposes by a politically organized organization.
b. State Interest: State interests as a custodian of social interests,
including supervision and administration of trusts, charitable
endowments, protection of the natural environment, territorial waters,
seashores, regulation of public employment, and so on to use things
that are available for public use, seem to overlap with social interests.
c. Social Interest: Social interests are the claims, demands, or wants
that are generalized as claims of social groupings and are thought of
in terms of social life. Social interests allegedly consist of:
 The social interest in promoting general morals includes
preventing and prohibiting activities such as prostitution,
gambling, and excessive drinking.
 The social interest in conserving social resources involves
protecting and training dependents and those with disabilities,
conserving human resources, and rehabilitating delinquents, as
well as providing for the economically dependent.
 The social interest in promoting general progress has three
aspects: economic progress, political progress, and cultural
progress.

Jural postulates are basic assumptions or beliefs on which the legal

system is based. In 1919, Pound summarized the postulates which every
individual in civilized society must be able to take it for granted. Roscoe
Pound identified several jural postulates that he believed to be
fundamental to the legal system, including:
 In a civilized community, men must be able to presume that others
would not intentionally harm them. E.g. Assault, battery, wrongful
restraint etc.

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 In a civilized society, people must be able to trust that those who
engage in a certain behavior will act responsibly and not pose an
undue risk of harm to others. E.g. Negligence.
 The individual has the right to use and benefit from what they have
created through their own labor, as well as what they have
obtained through the current economic system. E.g. agricultural
land and usufruct as property.
 The individuals with whom one interacts in daily life will behave
honestly and with good intentions, such as refraining from making
false or harmful statements about others. E.g. Defamation.
 In order to avoid harm to others, a person is responsible for
ensuring that things within their control remain on their property
and do not escape. E.g. Ryland v. Fletcher case.

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Application of this Theory in the Current Scenario

Roscoe Pound’s theory of social engineering remains relevant in the

current scenario, as it emphasizes the need for the law to recognize and
protect a wide range of interests, including public and social interests,
along with private interests.

In the current context, the theory can be applied to various areas such
as:

 Environmental Protection: The recognition and protection of the

environment as a social interest can be seen as an application of
Roscoe Pound’s theory. This includes the implementation of laws and
regulations that aim to ensure the preservation of natural resources
and reduce pollution levels.
 Consumer Protection: The law can also be used to protect consumer
interests by ensuring that products and services are safe and do not
pose a risk to the health and well-being of the public.
 Workers’ Rights: The recognition of the interests of workers as
social interests is also an application of Pound’s theory. This includes
the implementation of laws that protect workers’ rights to fair wages,
safe working conditions, and the freedom to form unions.
 Public Health: The law can also be used to protect public health by
regulating the production, distribution, and sale of goods that can
affect the health and well-being of the public, such as food, drugs, and
tobacco.
 Social Welfare: The implementation of social welfare programs, such
as healthcare, education, and social security, can also be seen as an
application of Pound’s theory, as it recognizes the social interest in
providing basic necessities to all members of society.

Overall, Roscoe Pound’s theory of social engineering provides a

framework for the law to address and protect a wide range of interests,
ensuring the well-being and progress of society as a whole.

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The Judiciary maintains law and order by balancing the competing
interests of the individual and the public through the process of social
engineering.

It has been witnessed through the Supreme Court’s decision in Vellore

Citizens Welfare Forum v. The Union of India,1 in which Kuldip Singh J.
delivered the judgement, “even if industries are vital for the countries
progress as they provide employment, but having regard to the pollution
caused by him, the principle of “sustainable development” has to be
adopted as a balancing concept between ecology and development.” The
two ideas that arose in this case were the ‘precautionary principle’ and
the ‘polluter pays’ premise.

The Supreme Court of India set a precedent in the case of Union Carbide
Corporation v. Union of India2 by establishing the principle of Absolute
Liability. The court ruled that if an enterprise is involved in a hazardous
or inherently dangerous activity and an accident occurs resulting in harm
to anyone, then the enterprise is strictly and absolutely liable to provide
compensation to all those affected by the accident. The court also stated
that the amount of compensation should be proportional to the size and
ability of the enterprise as it serves as a deterrent to prevent future
accidents.

Following this case, the government passed the Bhopal Gas Leak
Disaster (Registration and Processing of Claims) Act, 1985. Section 5 of
this Act pertains to the classification and registration of claims. This
involves registering the different types of claims, such as those related to
personal injury, property damage, and harm to flora and fauna. Section
11 of the Act specifies the amount of compensation that should be paid to
the claimants.

This ruling prioritizes the conservation of natural resources and

protection of the environment in the interest of society, over the

1
Vellore Citizens Welfare Forum v. Union of India & Ors, AIR 1996 SC 2715.
2
Union Carbide Corporation v. Union of India, 1992 AIR 248.

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individual interests of the enterprise owner. The judgment ensures that
the public’s interests are protected against private enterprise owners.
The compensation claims were categorized and paid out accordingly,
demonstrating how the law can bring about social change by balancing
the interests of individuals and society. Ultimately, the Act allowed for
the maximum satisfaction of people’s claims while minimizing the
sacrifice of individual interests.

In the case of Deepa v. S.I of Police,3 the Kerala High Court ruled that the
interest of society should take precedence over the individual interest of
those who perform cabaret dance in hotels for profit and livelihood. The
court found that the dance was considered obscene by the public and
therefore was an offence under Section 294 of the Indian Penal Code,
1860 (now, Section 296 of the Bharatiya Nyaya Sanhita, 2023).

The supremacy of social interest over individual interest is not always the
case, although it is a fundamental principle of social engineering. Social
engineering aims to satisfy the various human needs by utilizing the law
to promote social progress. However, there are circumstances where
individual interests take precedence over social interests.

For example, Section 122 of the Indian Evidence Act, 1872 (now, Section
128 of the Bharatiya Sakshya Adhiniyam, 2023) grants marital
communication between spouses a privileged status, which is an
individual interest in domestic relations. This privilege ensures the
security of matrimonial communication, which is beneficial for the social
institution of marriage, and thus serves the interest of society.

The law has prioritized the interest of backward classes by introducing

reservation in government jobs and educational institutions. This
reservation policy often causes a negative impact on the eligible
candidates and the general public. However, people cannot openly
criticize this policy as it comes under constitutional law. This shows that
3
Deepa v. S.I of Police, 1986 CRILJ 1120.

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sometimes bad laws can turn into good laws. In this case, the law
supports social engineering by providing special protection to minority
groups, which have individual interests that may conflict with social
interests. The aim is to bring these groups up to the same standards as
the upper class, which ultimately leads to social progress.

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Criticism of the Theory

Roscoe Pound’s theory of social engineering has been subject to some

criticisms over the years.
Some of these criticisms are:

1. Lack of clarity

Pound’s theory has been criticized for lacking clarity in its definitions and
classifications of interests. Some have argued that his categorization of
interests is too broad and vague, making it difficult to apply in practice.

2. Overemphasis on social engineering

Some scholars have criticized Pound for placing too much emphasis on
the role of law in social engineering. They argue that he neglects the
importance of individual rights and liberties, which should be protected
even if they do not serve the greater social good.

3. Failure to consider power dynamic

Critics argue that Pound’s theory fails to adequately consider power

dynamics and the ways in which the law can be used to oppress certain
groups. For example, laws that are meant to protect public health and
safety could be used to discriminate against marginalized communities.

4. Limited scope

Some critics argue that Pound’s theory has a limited scope and does not
take into account the complex social and economic factors that shape
legal systems. They argue that a more holistic approach is needed to
understand the role of law in society.

5. Lack of empirical evidence

Finally, Pound’s theory has been criticized for its lack of empirical
evidence. Some scholars argue that his ideas are based more on intuition

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than on empirical research, making it difficult to assess their validity in
practice.

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Conclusion

Law serves as a crucial tool in resolving conflicts between social and

individual interests, which exist simultaneously and hold equal
importance. Although Roscoe Pound’s theory of Social Engineering was
proposed for American society, it is now widely adopted across the world
for dispute resolution. India has also implemented this concept to ensure
societal welfare.

The Judiciary and Legislators have a significant role in enacting laws that
cater to various human desires. As human desires continue to expand in
this technology-driven society, new policies and strategies are being
developed to fulfil them.

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BIBLIOGRAPHY

 Mahajan, V. D. Jurisprudence and Legal Theory. 2001.

 Paranjape, N. V. Studies in Jurisprudence and Legal Theory. 2016.
 Jurisprudence-The Philosophy and Method of the Law.
 https://www.lawcommunity.in/blog-post/obligations-in-jurisprudence-
contract-law-a-
concept

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