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    Functional School

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    Kaye Miranda Laurente
    The functional school of jurisprudence, also called the sociological jurisprudence school or social science school of law, views law as a tool for balancing interests in society and controlling social behavior. It focuses on whether laws will be effective and their practical impacts and effects on society. The school aims to identify different interests in society and balance them to serve the greatest good for the greatest number. A key figure, Roscoe Pound, argued that law must adapt to society's changing needs over time.

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    Functional School

    Uploaded by

    Kaye Miranda Laurente
    70 views11 pages
    The functional school of jurisprudence, also called the sociological jurisprudence school or social science school of law, views law as a tool for balancing interests in society and controlling social behavior. It focuses on whether laws will be effective and their practical impacts and effects on society. The school aims to identify different interests in society and balance them to serve the greatest good for the greatest number. A key figure, Roscoe Pound, argued that law must adapt to society's changing needs over time.

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    The functional school of jurisprudence, also called the sociological jurisprudence school or social science school of law, views law as a tool for balancing interests in society and controlling social behavior. It focuses on whether laws will be effective and their practical impacts and effects on society. The school aims to identify different interests in society and balance them to serve the greatest good for the greatest number. A key figure, Roscoe Pound, argued that law must adapt to society's changing needs over time.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    70 views11 pages

    Functional School

    Uploaded by

    Kaye Miranda Laurente
    The functional school of jurisprudence, also called the sociological jurisprudence school or social science school of law, views law as a tool for balancing interests in society and controlling social behavior. It focuses on whether laws will be effective and their practical impacts and effects on society. The school aims to identify different interests in society and balance them to serve the greatest good for the greatest number. A key figure, Roscoe Pound, argued that law must adapt to society's changing needs over time.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 11

    FUNCTIONAL SCHOOL

    OF JURISPRUDENCE

    GROUP 4
    LEGAL PHILOSOPHY
     Also called as:

    1) “Theory of Sociological
    Jurisprudence“

    2) “Sociology of Law" or

    3) “Social Science School of


    Law"
     Law is a tool for the
    "balancing of interests" in
    society

     It is a tool of "social
    control" or "social
    engineering"

     In a sense, it adheres to
    the tenets of "pragmatic
    ethics" or "ethical
    relativism" as it aims to
    serve the interests of
    society with the least
    friction
    It focuses on:

     The question: "Will this


    law work?"

     The "operation and


    effects" of law in relation
    to the interests of society

     The “interests of society”


    as the source of law
    Its Aim and Main Guidepost

     The AIM of this school of


    thought is to identify the
    different interests in the
    society so that they may
    be balanced with each
    other
     Its Main Guidepost is
    “the greatest good for the
    greatest number” or
    “Social Utilitarianism"
    Roscoe Pound

     Born on 1870 in Nebraska


     Dean of Harvard Law School
     Strove to link law and society
    through his "sociological
    jurisprudence" and to improve
    the administration of the judicial
    system
     He argued that the law is not
    static and must adapt to the
    needs of society

    Roscoe Pound
    "The law must be stable, but
    it must not stand still."
    3 Kinds of Interests

     1) Individual – claims or
    demands or desires
    involved immediately in
    the individual life and
    asserted in title of that
    life; asserted for the
    titles of indivudual life
     2) Public – claims or
    demands or desires
    involved in life in a
    politically organized
    society and are asserted
    in title of that
    organization; asserted
    for or in the title of
    politically organized
    society
     3) Social –distinct and
    vital set of interests
    whereby they were
    described as “claims or
    demands or desires
    involved in the social life
    in civilized society and
    asserted in that title of
    life”
     Pound placed his
    sociological jurisprudence
    in opposition to what he
    termed "mechanical
    jurisprudence"

     Pounds primary concern


    therefore was to advance a
    more unified approach
    blending the
    methodological and
    normative precepts
    “Law is experience developed by reason
    and applied continually by further
    experience.”

    -Roscoe Pound

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