Pound Roszo Biography

A significant role in the development of sociological law in the XX century. He taught at the largest universities in the United States and for many years was the dean of the Harvard School of Law. In - gg. Pound - President of the International Academy of Comparative Law. He outlined his theoretical views in a number of small monographs, the content of which subsequently summarized in five -volume "jurisprudence".

The worldview basis of the doctrine of the Pound was the ideas of pragmatism - the leading direction in the philosophy of the United States at the beginning of the 20th century. The cornerstone of the philosophy of pragmatism says: any theoretical constructions must be evaluated from the point of view of their practical significance, or the benefits of the doctrine.

Following this principle, the Pound called on lawyers not to limit themselves to the study of "law in books" that is, law in the law; In general, in regulatory acts and turn to the analysis of "law in action." Legal science, he believed, is called to show how the right to actually function and affects the behavior of people. The opposition of "rights in books" and "rights in action" over time became the slogan of all pragmatist jurisprudence in the United States.

The sociological orientation of the Pound concept was most clearly manifested in the interpretation of law as a form of social control. According to the views of the scientist, the law is one of the ways to control the behavior of people along with religion, morality, customs, home education, etc. This approach oriented legal science to study law in the context of social relations, and demanded to take into account the interaction of legal norms with other regulators of public life.

Pound emphasized that a lawyer needs to know related scientific disciplines and be able to apply their methods in the study of law. The history of law, taught Pound, is inextricably linked with the history of other forms of regulation of public life. Initially, in antiquity, the mechanisms of social control were in an undeveloped state, and the law did not separate from religion and morality.

The significance of legal methods of influence on the behavior of individuals, according to the Pound, increases along with the development of the state since the XVI century. In the modern era, when the state takes on the burden of resolving conflicts of an industrial society, law becomes the most important means of implementing social control. As Pound wrote, "all other types of social control today act under supervision and in accordance with the requirements of law." The Pound identifies three aspects in modern law.

Firstly, law is a legal procedure or regime of regulation of social relations through the systematic and ordered use of force by state bodies. Secondly, official sources that serve as a leadership when making judicial and administrative decisions in this sense are called, for example, about the right of Indiana. Thirdly, the right is the lawsuit and administrative process. If you bring these definitions together, then, according to the Pound, we will come to understanding the right as a “highly specialized form of social control, carried out on the basis of power requirements within the framework of the judicial and administrative process”.

In these reasoning, the American theorist should pay attention to a number of points. First of all, we note that the given formulations do not contain a definition of the essence of law. Supporters of pragmatist jurisprudence in their concepts sought to reveal not the essence of law, but the totality of its values ​​that were adopted among lawyers, especially among lawyers-practitioners.

That is why a three-membered definition was built by Pound as the sum of the synthesis of sociological, normative and practical and procedural ideas about law. The views of the Pound developed in line with ideas, called a multidimensional approach to the study of law. It was proposed to coordinate various definitions in the concept with the help of the concept of goal. In one of his early works, the Pound contrasted this concept of the category of essence, saying that "discussions about the nature of law today give way to the consideration of its goal or appointment." The principle of expediency of law is the focus of its doctrine.

Following Jerring, he believed that the target category is able to ensure the conceptual-acceptance unity of the legal doctrine, since it allows not only to coordinate various definitions of law, but also to connect universally significant social ideals with the interests and subjective truncations of participants in public relations. Considering the right as a means of implementing socially significant goals, the Pound gave its theoretical constructions a instrumentalist character.

Among American lawyers, Pounds enjoy a reputation as one of the initiators of modern instrumentalism. The purpose of law, according to his concept, is to settle social conflicts and achieve civilized relations between people.The Pound did not get tired of repeating that the right should not serve the separation of members of the company, but, on the contrary, the strengthening of consent and cooperation between them of this kind of views is called an integrative model of law; In contrast, she is distinguished by conflict models, which include a Marxist understanding of the right as a means of suppressing class opponents.

Currently, Pound wrote, "there has been a tendency to consciously direct legal and political institutions for the approval of universal goals." Activities to establish a rational order in society seemed to him "social engineering." Unlike the last century, we also approach the activities of lawyers, judges, legislators. We want to study the rule of law instead of debating about the nature of law, ”Pound explained his position.

At the same time, the Pound specifically emphasized that "social engineering" through law excludes active state intervention in the sphere of private interests. His teaching was directed simultaneously against the socialist ideals of the planned economy, and against neoliberalism. It is enough to say that he did not support the “new course”, held by the administration of President F., the supporter of the Republican Party, the Pound made a moderately conservative positions, suggesting the achievement of social balance by searching for compromises and politically balanced government decisions.

The key role in this process was assigned to the courts. The Pound proposed to expand the powers of judges, to give them freedom of discretion in resolving certain disputes, it was primarily about conflicts requiring the moral assessment of the behavior of the parties, about the application of justice rights. The discretionary powers of the courts should not have extended to private property relations and commercial transactions.

If the ideas about justice change depending on social conditions, the theorist reasoned, then every simple bill is the same as any other simple bill, and there is no place for the free discretion of the judge. In a uniform resolution of conflicts arising on the basis of private property, the Pound saw the key to the stability of law and order. The theory of the Pund was perceived by many of his students at the Harvard School of Law and found a wide response among American judges.

The ideas of applying the right, taking into account the needs of social development, was carried out in practice by members of the US Supreme Court L. Brandis, B. Cardozo, F.