| This dissertation is an interpretation to Roscoe Pound's main works, and focuses on the topic of his sociological jurisprudence, that is Social Controlling. Despite his stunningly long and prominent academic career, and despite the centrality of comparative law to his teaching and scholarly agendas, Roscoe Pound's direct impact on contemporary American comparative law can best be described as non-existent. But he is indeed a great jurist that we have to learn from in modern times.There are three parts in this dissertation, including an introduction, three sections of the main body and at last a postscript.The first section of the main body talks about the theory sources of Roscoe Pound's sociological jurisprudence. The philosophical basis of his jurisprudence is pragmatism. The jurisprudence basis of his legal thought is Holmes' pragmatic and positive jurisprudence. Roscoe Pound's thought of Social Controlling stands on an American sociologist who names Rose.The second and the third sections is the most important part of this dissertation, which mainly makes an analysis to Roscoe Pound's thought of Social Controlling.Firstly, the author analyses Roscoe Pound's notion of law in his Social Controlling theory. Secondly, the author introduces a concept-Civilization, and then retells the relationship between law and civilization in Roscoe Pound's thoughts. In the next text, the author the presupposition of Roscoe Pound's thought of Interest, Right and Civilization. At last, the author analyses Roscoe Pound's individual interest of legal values in his Social Controlling theory.In last part, the author analyses Roscoe Pound's Social Controlling theory's flaws and enlightenments. |
