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3 J. Pub. L. 292 (1954)
The Lawyer as a Social Engineer

handle is hein.journals/emlj3 and id is 294 raw text is: THE LAWYER AS A SOCIAL ENGINEER

RoscoB POUND*
The belief that law can be meaningfully integrated with other dis-
ciplines has had many adherents. Dean Roscoe Pound has been the
leading American spokesman for that notion, his sociological jurispru-
dence having been termed the most comprehensive, coherent and origi-
nal philosophy of law yet produced in the United States. The role
which Dean Pound ascribes to the lawyer-that of social engineer-is
part and parcel of his sociological jurisprudence. For the social engi-
neer must, perforce, pay attention to and derive insights from other
disciplines; within the framework of the discipline of sociological juris-
prudence is room for the wisdom and learning of the sciences, both
natural and social. Lawyers as social engineers would be problem-
solvers in the real world. An example of such a problem is that out-
lined in the following article: the necessity for a ministry of justice
to provide for the improvement of law in action. Such an institution,
if adopted, would be an outstanding example of lawyers using law for
the purpose of engineering socially desirable results. The body politic,
in like fashion to the human body, has its ills and ailments in need of
therapeutic attention. Dean Pound's article calls significant attention
to one of those ills. It is particularly appropriate that this article by
Dean Pound introduces the symposium on law-science integration; Dean
Pound is not only the leading exponent of sociological jurisprudence
but is also a natural scientist, having received his Ph.D. in botany in
1897.
LET me begin with two definitions. A lawyer is one whose calling it is to assist
in the administration of justice; in the practical process of promoting and main-
taining an ideal relation among men by adjusting their relations and ordering
their conduct through an orderly and systematic application of the force of a
politically organized society. By social engineer I mean, on the analogy of the
industrial engineer, one whose calling it is to make a social process or activity
achieve its purpose with a minimum of friction and waste. Law is the most
highly developed form of social control. Since the sixteenth century the state,
politically organized society, has been the paramount agency of control of each
of us by the pressure of our fellow men and has operated through a regime of
orderly and systematic application of force according to an authoritative body
of models or patterns of adjudication and administrative determination.
*University Professor Emeritus and former Dean of the Harvard Law School.
Dean Pound's most recent book is Introduction to the Philosophy of Law (rev. ed.
1954).

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