Roscoe Pound


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Pound, Roscoe,

1870–1964, American jurist, b. Lincoln, Nebr. He studied (1889–90) at Harvard law school, but never received a law degree. Pound was a prominent botanist as well as a jurist, and spent his early years in Nebraska practicing and teaching law, simultaneously serving as director of the state botanical survey (1892–1903). Pound was then professor of law at Harvard (1910–37) and dean of the law school (1916–36), where he introduced many reforms. He advanced the "theory of social interests" in law, asserting that law must recognize the needs of humanity, and take contemporary social conditions into account. Some theorists believe that his work may have inspired Franklin Delano Roosevelt's New Deal program in the 1930s. A prolific writer, his books on jurisprudence include Introduction to the Philosophy of Law (1922, repr. 1959), Criminal Justice in America (1930, repr. 1975), Contemporary Juristic Theory (1940, repr. 1981), and Social Control through Law (1942).

Bibliography

See study by D. Wigdor (1974).

Pound, Roscoe

 

Born Oct. 27, 1870, in Lincoln, Neb.; died July 1, 1964, in Cambridge, Mass. American jurist. Head of the sociological, or Harvard, school of jurisprudence.

Pound began his academic career in 1899, teaching at a number of American universities. He was dean of Harvard Law School (hence the name of his school of thought) from 1916 to 1936 and was then made an honorary dean. From 1935 to 1937 he was president of the American Academy of Arts and Sciences, and from 1950 to 1956 president of the International Academy of Comparative Law.

The author of works on the general theory of law and on various branches of the law, Pound summarized the main principles of his works in Jurisprudence (vols. 1–5, 1959). His doctrine was an attempt at an interpretation, using American material, of ideas borrowed from the European schools of “living law” (E. Ehrlich), the theory of law as a legally protected interest (R. Thering), and law as an element of culture (J. Kohler). Pound was influenced greatly by the philosophy of pragmatism and E. Ross’ concept of social control.

Pound’s intellectual framework, like capitalist sociological jurisprudence as a whole, took shape in a period when many legal institutions of the age of industrial capitalism no longer corresponded to the economic and political needs of monopoly capitalism. This was the source of Pound’s demand that the view of law as a collection of postulates be replaced by a pragmatic, instrumentalist approach and led to his sharp distinction between law in books and law in action. Pound declared that an expansion of judiciary and civil-service discretion was the principal way to bring law into line with the social dynamic. He believed that law constituted not only binding rules of behavior (norms) but also legal procedure and decisions of the court, which are not based on norms but arise from the need to protect interests. He proposed the idea of justice without law, that is, free judicial activity not bound to existing law. His outlines of interests subject to legal protection reveal that he identified personal interests chiefly with the interests of the owner of private property. Pound was an outspoken opponent of the Marxist interpretation of law. His views were developed further in the doctrines of the realistic school in American jurisprudence.

REFERENCES

Ivanenko, O. F. Pravovaia ideologiia amerikanskoi burzhuazii. [Kazan] 1966. Pages 32–50.
Tumanov, V. A. Burzhuaznaia pravovaia ideologiia: K kritike uchenii o prave. Moscow, 1971. Pages 284–300.

Pound, Roscoe

(1870–1964) legal scholar, botanist; born in Lincoln, Nebr. Considered one of the nation's leading jurists outside the Supreme Court, he taught for many years at the University of Nebraska (1892–1903), at Northwestern (1907–09), at the University of Chicago (1909–10), and then at Harvard Law School (1910–47). During his early career as a botanist, he discovered a rare lichen thereafter named "Roscopoundia." He advanced the idea of sociological jurisprudence and his "theory of social interests" influenced several New Deal programs. The theory took actual societal conditions into account rather than maintaining strict adherence to legal codes. However, he later felt that many New Deal programs were grossly mismanaged and thus promoted a welfare or "service state." He set forth these misgivings in Justice According to Law (1951). Gifted with boundless energy and an encyclopedic memory, he authored many books including Readings on the History and System of the Common Law (1904), Law and Morals (1924), and Jurisprudence (5 vols. 1959).
References in periodicals archive ?
Examining literature on Ohio court reform leading up to the Modern Courts Amendment reveals that there was keen interest in many of the same issues identified by Roscoe Pound in 1906 and pursued by court reformers for decades since--delay, fragmented administration, and lack of adequate funding.
It was Roscoe Pound, dean of the Harvard Law School in the early years of the twentieth century, who observed (2) that Anglo-American law has always fallen back on procedure to resolve murky substantive issues.
See also Roscoe Pound, "Liberty of Contract," Yale Law Journal 18 (May 1909): 484.
That attitude is a general friendliness to "judicial federalism" and hostility to a Supreme Court jurisprudence of unenumerated rights, to Roscoe Pound and Ronald Dworkin, to the Fourteenth Amendment, and above all to Abraham Lincoln.
Schechter received Martindale Hubbell AV[R] rating, the highest such rating available to any individual lawyer, is a Roscoe Pound Society Lifetime Fellow Honorary President, and served a member of the American Men's Club of Nassau for three years.
A trustee of the Roscoe Pound Institute and the ATLA-PAC Board of Trustees, he is chair of the National Finance Council and the Public Affairs Committee.
According to Willrich, Roscoe Pound, an Ivy League law professor, thought the law needed to be reformed in order to save it, which led him to advocate for "the 'socialization of law' and the 'organization' of the .
In the second chapter Anderson provides an exacting critique of modern legal theory, engaging in argument with Oliver Wendell Holmes, Roscoe Pound, Jerome Frank, Hans Kelsen, and even going as far back as Jeremy Bentham.
Since its founding in 1933, The Fletcher School has been a leader in international legal education, employing distinguished legal scholars and practitioners on its faculty, including Leo Gross, Keith Highet, Robert Hudec, Hans Kelsen, Louis Sohn, Julius Stone, and Roscoe Pound.
As it begins its 50th year, the Roscoe Pound Institute continues its efforts to build a bridge between the academic, legal, and judicial communities.
The NFJE is very pleased to join the AEI-Brookings Joint Center for Regulatory Studies, the Roscoe Pound Institute and other nonprofit organizations in affirming the importance of making top-quality, tuition-free educational programs available to our nation's judges," added Milliken.