jurisprudence

DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY, LUCKNOW 2013

JURISPRUDENCE ROUGH DRAFT TOPIC: IDENTIFYING THE JURAL POSTULATES OF SOCIAL ENGINEERING THEORY OF ROSCOE POUND IN INDIA

SUBMITTED TO:

SUBMITTED BY:

Mr. Abhishek Tiwari

ABHISHEK YADAV

Asst.Prof. Law

ROLL NO.06

Dr. RMLNLU,

SECTION: A

LUCKNOW

TH

(4

SEM.) B.A.LLB. (hons)

TITLE: Identifying The Jural Postulates Of Social Engineering Theory Of Roscoe Pound In India

INTRODUCTION Dean Roscoe Pound is one of the leading and influential jurists who developed American Sociological Jurisprudence in a more appealing form. He is the one who asserted the functional aspect of law more vociferously than any other contemporaries of his time. He goes on to say that law is ‘to satisfy a maximum of wants with a minimum of friction or confrontation. ’  More importantly the emergence of Realist School in later years owes its origin to Pound’s Functional jurisprudence and theory of interests. Exponents of Sociological school considered law as social phenomenon. They are mainly concerned with relationship of law to other contemporary social institutions. They insist that the jurists should focus their attention on social purposes and interests served by law rather than on individuals and their abstract rights.

RELEVANCE OF THE PROJECT TITLE The title ‘Identifying The Jural Postulates Of Social Engineering Theory Of Roscoe Pound In India’  is  best suited to the Indian democratic set-up, where social engineering is considered as a paramount of almost every government policies or actions. We can undoubtedly call India that is Bharat as most conspicuous example of theory of Social Engineering. There are many arguments to buttress this inference and one and foremost is India is a land of diversity. People reside here belongs to differentdifferent religions, cultures, have different needs, follow different customs, speak different language etc. However, we find tremendous understanding and co-operative behaviour among them without any fatal friction in them. All resides peacefully in the society without any friction of their interests. This is where we can infer that law act as a reconciling agent for reconciliation of conflicting interests of individuals in the community and harmonise their inter-relations. Law passed by parliament or decisions of h’ble Supreme Court in India appear to be balancing interests of wide strata of society. This notion will be elaborately discussed in the final draft.

CHAPTERIZATION: Following is the tentative chapterization:

Introduction



Concepts of Social Engineering



Jural Postulates of Roscoe Pound



Indian Context: Legislations as a tool of Social Engineering



Indian Context: Constitutional Provisions as a tool of Social Engineering



Indian Context: Public Interest Litigation as a tool of Social Engineering



Indian Context: Judicial Decisions as a tool of Social Engineering



Conclusion



Bibliography

RESEARCH METHODOLOGY Research methodology which will be use in the making of this project, will be doctrinal research methodology. Since this methodology is best suited to the theme of the project. Doctrinal research methodology involves the analysis of the legal doctrine pertains to theme and how it has been developed and applied. Researchers who dwelt with this type of research mainly concerns with the philosophy of law and topic involve. Theme of the project is revolving around the practical postulates of the theory in the Indian context therefore researcher will adopt a read between the line approach.

INFERENCE Possible inference to be drawn from the title can be summarized in one sentence; “Practical approach of law in the Indian society, consists of various divergent se ctions of people..”

OBJECTIVE Sole objective behind the undertaken project is to identify the conspicuous examples of Social Engineering theory, in the Indian legal system. And to analysis them on the anvil of this theory. At end to come up with a conclusion regarding how far Indian Legal system has succeed in realising the theory of Social Engineering.

BIBLIOGRAPHY:

Following are the sources for the project (tentative). Primary sources: 

Constitution of India, 1950



Cases referred



Statutes with object and reason clause of social engineering

Secondary sources  (Tentative) 

Dr. NV Paranjape, Studies in jurisprudence and legal theory, 6 th edition , 2012



Prof. SN Dhyani, Fundamentals of Jurisprudence: Indian Approach, 6 th edition, 2011



Dias RMW, Dias RWB, DIAS Jurisprudence, 1985, Aditya Prakasan



http://www.ssrn.com/



http://www.jstor.org/



https://www.scconline.co.in/



http://www.manupatra.com/