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Analytic And Reflection Of Roscoe Pound's Social Control Theory

Posted on:2012-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166330341450621Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Social control, as the basic concept of the sociological, numerous sociology expert scholars have launched a heated discussion. With the rapid development of the world economy, social control problem has become an unavoidable issue. Focusing on how to realize effective social control, what way can achieve the optimal and social control to minimize damage such issues, some legal experts in the field of scholars also join them, from the Angle of jurisprudence of social control that a sociological problem launched research and has already made some achievements. As the founders of the social control theory of law in the United States, the advent of Pound's social control done the sociology of legal research topic with successful combination, his about will realize social control law as the primary means of legal thoughts from the legal Angle, for later generations of social control provides solid research the theoretical basis.In the United States, with the period of free capitalist transition to the monopoly capitalism, Roscoe Pound's social control theory is produced. As the quintessence of the Pound's thoughts in the early 20th century, not only the theory produced profound influence in the United States but also in the era of jurists. Today , with the rapid developments of economy in China , there are many social problems has been found, such as judicative credit declining, devaluation, laborer's legal rights being violated, environmental pollution, the decline of social atmosphere, and so on .Many citizen worried about the appear of a series of social problems. The situation bearing a general resemblance to the United States in the early 20th century. At the time of the United States,Pound's social control theory played a huge role in stabling social order, inhibiting economic fraud, regulating the aspects of personal behavior. In today's China, whether the same effects also be able to exert? Be based on such consideration, the paper would base on the analysis of pound's social control theory, and try to find the theory to the present situation of Chinese rule of law, then, the possibility of reference to solve the current social problems in China for the final research goal.The paper consists of three parts .At the first part, the theory foundation of reality and proposed theoretical background is the premise of the theory analysis. In this part, the author synthetically considered and analysesed the formation of objectively and subjectively factors of the theory. Though historical analysis method, the author would discuss the formation of political, economic and cultural factors about the theory. Base on the cut, the theory on the analysis of the existing legal judgment on the premise to comprehensive and really show the picture about the theory suggested. At the second part of the paper, author would analysis the theory of social control in essence. In this part, you will find that several basic concepts in the theory will be unveiled. Such as the understanding of civilization, the conception of the law, the relationship about civilization and law, the relationship also about civilization and social control, and how the ideal concept to play on the social control? The influence of human nature in social control, and so on. All these problems will find the answer. After analyzing the problems related to the theory itself over, we surely enter into the third part. The innovation of the paper was contained in it. On the basis of the practice of the theory from different perspectives, author would analyze feasibility about the theory when it would be used in our social environment. Finally, the point of this article would be exposed. Dispite of defects, author also holds that the theory advocated by the human nature of the two aspects of the control to meet maximization of the social benefits and minimize the damage about personal interests in the particular civilization to the social background .The view has its applicable feasibility.
Keywords/Search Tags:the law, social control, civilization, rights, interests
PDF Full Text Request
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