ABSTRACT

This chapter outlines the principal aspects of Roscoe Pound's legal philosophy, as it was conveyed in several books, articles, and addresses, and shows their relation to Social Control through Law. In Social Control through Law, Pound goes beyond Kohler in arguing that the ideal civilization must recognize competition and cooperation as two factors in achieving ultimate mastery over external and internal human nature. In Pound's view, human beings need the force of social control to keep their aggressive, self-assertive side in balance with their cooperative social tendency. However, in Social Control through Law Pound candidly admits that "manifestly one cannot speak with assurance as to how we are in the end to value competing and overlapping interests in the present century". The link between the jural postulates and the scheme of interests is less than clear in Pound's work.