SOCIAL ENGINEERING BY ROSCOE POUND
ISSUES IN LEGAL AND POLITACAL PHILOSOPHY
Submitted By: SAI ABHIPSA GOCHHAYAT PG 21005 West Bengal National University of Juridical Sciences, Kolkata
CHAPTER I
INTRODUCTION: Man is a social animal and needs a society for his leaving, working and enjoying life . A group of individual forms a society. Society has become an essential condition for human life to develop his or her personality. Therefore society and human life always go together . Every human being has also born with some desires and expectations which are inherent in nature. From childhood to till old age, every human being expects that his or her desire is to be fulfilled for which their arise conflict of desires or claims which comes under the term -interest’. It is impossible to fulfil all the desires of a human being. So to fulfil the desires of maximum human being for the welfare of society the concept of Social Engineering was emerged and which was coined by Roscoe Pound . The force which asks for the adoption of Social engineering is nothing but the conflict of interests of individuals. Interests more particularly the conflicting interest are the subject of Social Engineering. Social engineering is based on the notion that Laws are used as a means to shape society and regulate people’s behaviour. It is an attempt to control the human conduct through the help of Law . 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. For this purpose this paper is going to discuss about the mechanism of Law in bringing Social Engineering. This paper is divided into three parts. Part II will discuss about the object of the paper. Part III will give suggestions and conclusion.
CHAPTER II ISSUES: Conflict of interest and the order of priority – To which interest importance will be given so that balancing of interest, can be achieved for the benefit of society by sacrificing other interest and how law helps in bringing social engineering. The object of the paper is to find out how Law helps in harmonizing conflict of interests. According to Pound, Law is Social Engineering . He says that -like an engineer’s formulae, laws represent experience, scientific formulations of experience and logical developments of the formulations, also inventive skill in conceiving new devices and formulating their requirements by means of a developed technique- . He called this theory as -Theory of Social Engineering’. Here Pound has used two words i.e. -Social’ means group of individual forming a society. The second word is -Engineering’ which means applied science carried out by engineers to produce finished products which are necessary for the society and which fulfil all their needs. By combining these two words he tries to say about engineers and what they do. They use the formula which is based on continuous experimentation and experience to get the finished product by means of an instrument or device. Therefore Pound represents -experience with law’, -instrument with organs of government, -engineers with judge and lawyer’ and -finished product with the wants of human beings’ and -society with a factory’. He says that like engineers, the lawyer should apply law in a court room so that the desires of the people are fulfilled. Therefore he calls law as Social Engineering and says that the aim of Social Engineering is to build as efficient a structure of society as possible which requires the satisfaction of wants with the minimum of friction and waste. It means Law should work for balancing of competing interest within the society for the greatest benefit. In a society everybody is motivated by their own interest and wants that preference be given to his or her interest over the other. Conflicts between interests arise because of the competition of the individuals with each other, with the public in order to satisfy human wants. Therefore it is needed to recognise the interest to which law should take account . For this purpose a legal system has to i.Recognize certain interest ii.Define the limits within which such interest are to be legally recognized and given effect to it. iii.And finally the above interest should be secured. Suppose I want to stand first in the exam. It is my desire. But this desire cannot be fulfilled because there is no legal recognition as there is no state’s interest in standing first position. Therefore law has to take into account the desires which need recognition. For the purpose of satisfying human interests, Pound defined interest as -claims or wants or desires which men assert de facto about which the law must do something if organised societies are to endure’ . Pound classified various interests which are to be protected by the law under three categorise which are the following : 1.INDIVIDUAL INTERESTS: These are claims or demands involved from the stand point of the individual life which consists of interest of personality, interest in domestic relations and interest of substance. 2.PUBLIC INTEREST: These are the claims or desires asserted by the individual from the stand point of political life which means every individual in a society has a responsibility towards each other and to make the use of things which are open to public use. 3.SOCIAL INTEREST: These are the claims or demands in terms of social life which means to fulfill all the needs of a society as a whole for the proper functioning and maintenance of it. It is found that there is overlapping of interest between Public and Social Interest because both are same. Pound is silent about the overlapping of interest and discussed the problem of interests in terms of balancing of Individual Interest and Social Interest . He has classified the interest into three categories but talks about the balancing of only Individual and Social Interest. It is also found that interests are the subjects on whom law has to apply social engineering. How to evaluate the conflicting interests in due order to priority? What are the guidelines on the basis of which social engineering should be carried out? Pound’s answer by saying that every society is based on basic assumptions which help in ordering of interest . One interest is of more value than that of other and the object of law should be to satisfy the interest which is in the benefit of the maximum people. Thus these assumptions are identified as jural postulates which are based on hypothesis . According to Pound, jural postulates are not the absolute one and they keep on changing as the needs of the situation, place and time demands. In 1919, Pound summarised the postulates which every individual in civilised society must be able to take it for granted that : i.Others will not commit any intentional aggressions upon him. E.g. Assault, battery, wrongful restraint etc. ii.Others will act with due care and will not cast upon him an unreasonable risk of injury. E.g. Negligence iii.He can appropriate what he has created by his own labour and what he has acquired under existing economic order for his own use. E.g. agricultural land and usufruct as property. iv.The people with whom he deals with in the general intercourse of society will act in good faith. E.g. Defamation v.He must keep the things within his boundary and should look after those things so that their escape should not harm others. E.g. Ryland vs. Fletcher case In 1942, Pound added three new postulates in the list which are i.A person will have security as a job holder. E.g. ruled by labour law, law of contract ii.Society will bear the burden of supporting him when he becomes aged. E.g. 1/3rd concession in railway ticket, ceiling of income tax range is more. iii.And the society as a whole will bear the risk of unforeseen misfortunes such as disablement. E.g. reservation quota for physically disabled person in education, travel etc. The jural postulates are to be applied both by the legislators and judiciary for evaluating and balancing the various interests and harmonizing them. Somehow Pound has told about the procedure of evaluating interests. But he has not said anything about the interest which will be given more priority over other. Whether balance between Individual and Social Interest can be achieved or not? According to Pound, balance of competing interest means satisfaction of maximum interests with less friction and waste. It means to reconcile and adjust the social and individual interest. But in practice two interests cannot be balanced. It is also found that Pound has not given much detailed attention to the way one conflicting interest is to be compared with another. Balance can only be done only when two things are able to be compared. Here, the -balancing’ metaphor is misleading . If two interests are to be balanced, that presupposes some scale or yardstick to measure and two things should be able for comparison . For balancing of anything, mathematical calculation or ratio is the outcome. For e.g. in case of ecological balance, the amount of CO2 in terms of % is to be balanced with O2 which means reduction of CO2 by aforestation or increasing the level of O2 by aforestation so that ecological balance can be attained. Therefore balance means to upgrade one thing at par with other so that neither of the two things loses anything. As per Pound’s theory, there is a clause relating to the protection of natural environment coming under social interest. There is no doubt that every society wants a healthy environment and the factory producing nuisances and pollution needs to be closed. It is in the interest of whole public for which factory is closed and the maximum satisfaction of people is achieved. But the owner of the factory having Individual Interest suffers a lot. In this circumstance, though maximum interest of the people is satisfied with least sacrifice of individual interest of the owner but balance between Individual and Social Interest has not been achieved because one has to suffer and other has to gain. When there is a matrimonial dispute between a husband and wife and wife gets a divorce decree against her husband, in this case interest of wife prevails over the husband and balance of two Individual Interests is not there because husband has to give maintenance to wife and children for which the husband suffers a lots. Exception is in case of Divorce by Mutual Consent in which both husband and wife are satisfied with divorce decree and their individual interests are fulfilled. By above discussion it is opined that conflicting interests can be satisfied by reconciliation and adjustment and the word balance is not the appropriate one for conflicting interest. How does the satisfaction of the maximum of wants with the minimum of friction and waste can be done? Pounds theory asks for the maximum gain with least friction and waste i.e. maximum satisfaction of human wants or expectations with least sacrifice. Here Pound wants to bring social control in the society. According to him social control means satisfaction of the maximum of wants of the human being in a society. Pound says that for social control, interest is the only thing which should be taken into account and Law is a means of social control. Thus law should work for balancing of interest within the society i.e. satisfying maximum interest with least waste. Somehow this theory gives prime importance to interest of public at large over individual interest and if interpreted strictly then they may result in eliminating individual interest. Here law is not supposed to deal with individual interest but bunch of interest. The tool is given in the hands of law to set them at their right position for the maximum outcome. It is true that law and order plays an important role in a society. Law and order are carried out by the Judiciary and they keep on harmonising the conflicting interests of the individual and the public through the process of social engineering. It has been witnessed through the action of Supreme Court in Vellore Citizen’s Welfare Forum Vs. The Union of India in which Kuldip Singh J. delivered the judgment that -even if the industries are of vital importance for the countries progress as they provides 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- . In this case the two principles emerged i.e. -precautionary principle’ and the -Polluter Pays’ principle. In a land mark case of Union Carbide Corporation vs. Union of India , the Supreme Court laid down the rule of Absolute Liability in which it was held that -where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous activity, then the enterprise involved is strictly and absolutely liable to compensate to all those who are affected by the accident- . In this case regarding the compensation the Court said that the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation has a deterrent effect for future accident.
After this case, Central government passed an Act known as -The Bhopal Gas Leak Disaster (Registration and Processing of Claims) Act, 1985′ in which sec.5 of this Act says about the categorization and registration of claims . The various claims of the each individual relating to their own body, property and the claims arising from damage to flora and fauna were registered. Under sec11 of this Act, the quantum of compensation payable to the claimants was decided.
From this judgment it can be said that law gives first priority to social interest over individual interest of substance i.e. in conserving natural resources and in the protection of natural environment which is required by the whole public against the private individual who is the owner of the enterprise. Finally the maximum claims of the people were satisfied with least sacrifice of individual interest. By this act it can be seen that how various claims were categorized and compensation were given, which ultimately says that law is an instrument of social change.
In Deepa vs. S.I of Police It was held that the interest of society should be given paramount consideration over the individual interest of those who are running the show for profit and who are also earning livelihood by performing the cabaret dance in a hotel . It was a situation where the whole public says that the dance was obscene in the eyes of onlookers, which is an offence u/s 294 of IPC 1860. Hence it is found that Social Interest prevails over the Individual Interest. But this is not true in many cases. Social Engineering deals with as many satisfactions of human wants which means law should play an important role in bringing social change by fulfilling the interest of the society as a whole. There are also instances where individual interest has priority over social interest. According to Sec122 of Evidence Act 1872, marital communication between husband and wife which is an individual interest in domestic relation are privileged . Then Social Interest can be fulfilled by securing privilege communication (matrimonial communication) in which individual interest in connection with domestic relation is first privileged and which in turn secure the social institution of marriages.
Law has given preference to the interest of backward classes through reservation in government jobs, educational institutions, which not only hampers the interest of eligible candidate but also it hampers the interest of the public at large. By this type of law general people cannot tell that this reservation policy which comes under constitutional law is a bad law for them. Sometimes bad law becomes good law. Here Law helps in social engineering by giving special protection to the minority class having individual interests over social interests so that there can be ultimate social progress by bringing the minority class equally to the standard of upper class.
CHAPTER III CONCLUSION: By analysing this paper it is concluded that, Law plays an important role in reconciling and adjusting conflict of interests. Both the Social Interest and Individual Interest prevail over each other. Priority is given to both the interests. Roscoe Pound has given the concept of Social Engineering for the American Society but this concept is followed by other countries in resolving disputes. India has also followed the same concept in establishing a welfare society. Both Judiciary and Legislators play an important role in enacting the statutes which fulfil the various desires of human being. In this techsavvy society desires of human being grows and to fulfil their desires new policies, strategy has been developed.
BIBLIOGRAPHY
1.SHANKER RAO, C.N. Sociology Primary Principles. 3rd ed 2000. Published by S. Chand & Company Ltd New Delhi.
2.MAYNENI, S.R. JURISPRUDENCE (LEGAL THEORY.2nd ed reprint 2007.S.P. Gogia (Asia Law House)Hyd.
3.MAHAJAN, V.D. JURISPRUDENCE AND LEGAL THEORY.5th ed reprint 2006. Eastern Book Company. Luknow.
4. POUND ROSCOE. JURISPRUDENCE.VOL- III.2000. The Law Book Exchange Ltd.
5.MANI TRIPATHY, B.N. AN INTRODUCTION TO JURISPRUDENCE LEGAL THEORY.15th ed 2004. Allahabad Law Agency
6. FREEMAN, M.D.A THOMSON. LLOYD’S INTRODUCTION TO JURISPRUDENCE. 8th ed 2008. Reuters legal Ltd
7.PANDEY, J.N. CONSTITUTIONAL LAW OF INDIA. 42nd ed 2005.Central Law Agency Allahabad.
8.MISHRA, S.N .IPC.16th ed 2008. Central Law Publication.
If you’re considering lawful motion, your own very first big choice is probably which lawyer fits your needs. How do you find a good attorney?
Talk to family and friends. Chances are good that somebody you realize has utilized an attorney or even understands someone who has. Ask people around you who they used and about their own encounter. Were they satisfied with the actual support they were provided? Request specifics about why they do — or even do not- feel their own attorney supplied good support. Determine whether the actual attorney returned phone calls or email messages in a timely manner, whether the situation had been pursued as well as carried out a reasonable time, if the lawyer paid attention to demands and concerns, whether the individual had been held knowledgeable concerning the status associated with his / her situation, whether fees billed were reasonable and bills comprehensive sufficient to know what lawful work was finished involved.
Referral Services. There are a number of recommendation providers in Texas. The State Bar of Texas supplies a listing of referral providers round the condition. Referral services require lawyers to join up and usually need lawyer members to carry negligence insurance. In the Austin and central Texas area, get in touch with the actual Lawyer Recommendation Support of Main Texas. Recommendation services frequently also set a limit about the fee billed for an preliminary discussion. The actual Attorney Referral Service associated with Main Tx requires its fellow member attorneys to provide a Thirty minute discussion for $20.
Courthouse. Go watch lawyers in action. In family law issues, divorce, child visitation rights, child support, etc., you can find proceedings going on in the Travis Region Civil Courthouse upon Monday, Wednesday, Thurs as well as Friday. Except in rare conditions, courtroom proceedings tend to be available to the general public. Locate a hearing to view by asking at the info table or even look into the listing associated with courtrooms as well as investigate until you find a listening to to view. You may key in and leave the courtroom whilst procedures are ongoing, but remember to become sincere as well as peaceful. Switch off cell phones and pagers and do not bring meals or beverages to the court docket. Additionally , it advisable not to bring your kids. A few of the problems in these instances might not be right for kids, who most likely ought to be in school in any event, and youngsters may have a difficult period sitting still as well as quiet during procedures.
Once you discover the listening to to view, exactly what do you look for? Actual life legal proceedings are almost never as thrilling as well as suspenseful as they are tv, but you can collect important information about an attorney by watching him or her in court. May be the attorney doing him or her or himself inside an expert manner? Keep in mind that your own attorney is going to be an extension individuals – symbolizing you and your interests. We publish that an expert, respectful and zealous recommend is more effective compared to one that is rude and less than professional. May be the attorney ready? Each and every lawyer includes a various method to conduct hearings, however notice regardless of whether he or she appears to possess paperwork organized, requires good questions as well as has a plan. Observe the lawyer’s style to determine whether it persuasive to you and compatible with your personality as well as wishes. Watch of sufficient length to obtain a feeling about the lawyers and move to an additional listening to. If you discover a lawyer you would like to speak with, request his or her contact information during a break or get the exact title and phone later on.
Interview possible lawyers. Numerous lawyers provide an initial consultation free or a small charge. You may have only Half an hour to have an preliminary consultation so put together prior to going. In the event that there are any purchases in position, bring those with you to definitely the discussion. Be prepared to open the consultation with a concise description of your scenario and outcome a person seek. Make a list of queries and issues which means you don’t forget to raise them throughout the meeting.
Ask about hips — does the attorney charge on an hourly basis or even provide providers for any flat rate? Will you need to provide a good upfront retainer or deposit. If that’s the case, just how much? What goes on to that particular retainer or even down payment at the conclusion of the situation? Could it be delivered to you? How frequently will you be charged? What types of costs will you be billed for? Will the lawyer accept charge cards or even provide a repayment plan? What goes on if you get behind on your bill?
Enquire about lawyer ease of access as well as marketing communications — does the actual lawyer possess a plan concerning the period of time it requires to come back phone calls or react to email messages? Will the attorney use email in the or the woman’s practice whatsoever? Will you be in a position to get to the attorney by way of mobile phone? How will the actual lawyer keep you informed about the standing of the case? I give my personal customer’s my cell phone number to be used during company hours and make each and every effort to return phone calls or answer email messages 24 hour, or the following day. Occasionally which means I call customers at 7pm or even react to an email from 10pm however I have never were built with a customer unhappy to become contacted after hours.
Enquire about the process as well as time – depending on your circumstances, exactly what does the attorney advise be done and what is the process? Just how long will it consider. You should possess a practical understanding of how long the procedure will require. Regrettably, legal proceedings sometimes consider several weeks, or lengthier, to solve with respect to the problems.
Ask about encounter as well as skills — does the lawyer possess experience with your type of situation? Just how long has the attorney been practicing? Will the lawyer possess any specialized instruction or even certification?
Do not feel pressured to employ the attorney throughout the initial discussion. Take a couple of days to think about the actual conference, as well as interview additional attorneys. When you decide on an attorney you will set up an additional visit to sign a rendering contract and take care of any kind of retainer or even deposit needs. The rendering contract may be the agreement in between both you and your lawyer. See clearly carefully and get the actual lawyer to describe whatever you don’t realize.
Read more about Arizona Bankruptcy Lawyer and other related topics on our Article Directory
Whenever we come across the term research chemicals, the adjectives that instantly come to our mind are hazardous, dangerous and harmful etc. It is natural for common man who is not professionally engaged with chemical science. The force strengthening this belief is that chemicals can harm anyone if handled improper way. The misuse of research chemicals may lead to many serious consequences which make be health oriented or legal. Camfetamine, Methiopropamine, Methoxetamine, 6-apb powder and Benzo Fury etc are commonly known and widely used research chemicals. Among these, Camfetamine and Methiopropamine (Class B chemical) are more in demand by the laboratories and industries.
Camfetamine is termed as N-methyl-3-phenyl-norbornan-2-amine. It is the analogue of in-famous Fencamfamine. At the moment, it is available only at leading online research chemicals stores. Many scientists are keen to use it to analyze it chemical and physical properties. Methiopropamine, also known as MPA, is thiophene-based analog of methamphetamine. It is chemically written as N-methyl-1-(thiophen-2-yl) propan-2-amine. It came into existence in 1942. It is almost similar to Methamphetamine. It became popular among the youngsters with the nick names of Whiz, Speed, Phet and Billy. Its sales in UK was allowed in December 2010. Just after its introduction, it gained popularity among the masses as recreational drug but very soon it was turned down because of its specific side effects as well as almost no interest of pharmaceutical industry.
However, some wasted social interests are also engaged in sourcing these to serve their unsocial purposes. Therefore, you need to be very cautious while buying it. To be on safer side, you must have legal reason and permission to source and use it. Any deviation in nature of declared usage may also land you behind the bars. If the selected source doesnt have AIRCR certification for selling Camfetamine, do not deal with it even if you are getting financial benefit.
Although suppliers or distributors of chemicals are already watchful while selling these chemicals but primary responsibility comes to the user. Nobody wants to let Camfetamin or Methiopropamine fall into wrong hands. It is reported that some people get these chemicals in bulk and resell them in retail at higher price for illegal purpose. To buy Methiopropamine or camfetamine is not an easy task if you are buying these chemicals legally. You need to furnish lot of documents. But if you have valid reason to use these chemicals, Government recognized agencies may supply these up to your end.
Little do people know, but the secret of the law attraction is something that is far more complex than the media is making it out to be. Case in point: there are five very specific key factors that serve as the fuel and guiding light of this secret. If you want to harness the secrets power effectively, you have to get to know these key factors on a more intimate level. These factors are:
1.To make money, the secret of the law of attraction requires us to do something we really love. Focus your energy and attention on what you want to do, not what others think you must do. Just because a so-called expert says that the money is in a specific field or industry, it doesnt mean you must join the bandwagon. In order to create and deliver value to others on a consistent basis, you must do something you love. If you enjoy your work, it doesnt become work anymore. The drudgery is removed and you actually look forward to Mondays to begin another productive week. Now if you were doing something thats not right up your alley, consistency gets thrown out the window pretty quickly. So once again, do what you love. So what if others think you should be selling tacos instead of Belgian waffles? Go sell Belgian waffles and youll do great at it!
2.To make money, the secret of the law of attraction requires us to pay our debts. Its going to be hard to earn money and set aside a significant portion of it for savings if most or all of it goes to your I.O.U.s each month! The problem with many people is that they stop paying debts thinking its best to just take care of them once they start earning good income. On the contrary, any decent income you will have started earning will only go to paying the bloated interest and other penalty fees that got tacked on while the debt remained unpaid for months on end.
3.To make money, the secret of the law of attraction requires us to choose the right people. Being with the right people can open doors for us. This doesnt mean we have to morph into social climbers or gold-digging opportunists. The right people are individuals who can serve as good role models and even mentors to us. For example: you want to become a good stockbroker. You want to learn the ins and outs of the stock market but dont know where to start. You can take the first few steps by taking courses and joining professional organizations where you can meet stockbrokers who can give you tips and tricks.
4.To make money, the secret of the law of attraction requires us to wholeheartedly accept opportunities that come knocking on our doors. It is somewhat amusing that plenty of us wish for opportunities to come our way, and when they do, we get into a tizzy over whether to accept them or not. If you recognize an opportunity, grab it! Why waste time debating on whether things will work out or not? The only way you will find out is if you give it a shot! Remember: nothing ventured, nothing gained.
5.To make money, the secret of the law of attraction requires us to pay it forward. Money has a way of coming back to us plus some when we share our blessings to people who dont have much. The people you help have the potential to repay you in kind and so much more in the future. Sure, not all of the people you help will return the favor, but the ones who have a sense of gratitude and decency will reward you in good time, and so will the universe.
Knowing these five factors behind the secret of the law of attraction is the thing that can set you apart from all the other people all over the world who are trying to harness the secrets power for themselves. So, get to know these factors by heart, and always bear them in mind every chance you get. Soon enough, the power of the secret will just come to you quite naturally.
We all know fake ID cards are available widely on the internet with many people believing that fake ID cards illegal but this isnt always the case. There are many websites that sell novelty ID cards that are called fake ID cards as this is the industry slang. These fake ID cards are legal to sell and legal to purchase as long as they are used for what they are intended.
In the eyes of the law it is not illegal to have a fake ID card like a fake driving license in your wallet, even if your fake driving license looks a like the original government issued document. As this is a novelty item the law cannot prove that you are using your fake ID card for anything other than novelty purposes. The companies that produce and sell fake ID cards often have disclaimers on their websites that you have to agree too, these say that you agree that your fake ID card will not be used for anything other than novelty purposes. They also point out that using your fake ID card for anything other than novelty use is illegal and they do not condone it. They can also refuse to sell you a fake driving license etc if you have implied that you will be using it for something other than a novelty ID card.
Purchasing a fake passport or fake driving license for anything other than novelty purposes is illegal and your punishment will depend on the extent of the crime. This can range from a hefty fine to a jail sentence. The law will have to prove the fake ID card is being used for something other than novelty purposes. Lets say an illegal immigrant or terrorist is found in possession of a fake ID card then there will be consequences for this type of crime.
Proving a company is selling fake ID cards for anything other than novelty purposes can be very hard. There will have to be proof that a company is corresponding with a criminal gang that are known for purchasing fake driving licenses to illegal immigrants before any prosecution can take place. Our advice is if you would like to purchase a fake ID card like a fake driving license or a fake student card then only purchase it if your intentions of use are for novelty purposes only.
Welcome to myfakeid.biz, Buy fake ID cards including fake driving license and other fake ids. Fake ID cards from 10 pounds and very realistic. Best Fake ID and fake driving license online.