law as social engineering

SOCIAL ENGINEERING BY ROSCOE POUND

ISSUES IN LEGAL AND POLITACAL PHILOSOPHY

Submitted By: SAI ABHIPSA GOCHHAYAT PG 21005 West Bengal National University of Juridical Sciences, Kolkata

CHAPTER I

INTRODUCTION: Man is a social animal and needs a society for his leaving, working and enjoying life . A group of individual forms a society. Society has become an essential condition for human life to develop his or her personality. Therefore society and human life always go together . Every human being has also born with some desires and expectations which are inherent in nature. From childhood to till old age, every human being expects that his or her desire is to be fulfilled for which their arise conflict of desires or claims which comes under the term -interest’. It is impossible to fulfil all the desires of a human being. So to fulfil the desires of maximum human being for the welfare of society the concept of Social Engineering was emerged and which was coined by Roscoe Pound . The force which asks for the adoption of Social engineering is nothing but the conflict of interests of individuals. Interests more particularly the conflicting interest are the subject of Social Engineering. Social engineering is based on the notion that Laws are used as a means to shape society and regulate people’s behaviour. It is an attempt to control the human conduct through the help of Law . According to Pound, -Law is social engineering which means a balance between the competing interests in society’ , in which applied science are used for resolving individual and social problems. For this purpose this paper is going to discuss about the mechanism of Law in bringing Social Engineering. This paper is divided into three parts. Part II will discuss about the object of the paper. Part III will give suggestions and conclusion.

CHAPTER II ISSUES: Conflict of interest and the order of priority – To which interest importance will be given so that balancing of interest, can be achieved for the benefit of society by sacrificing other interest and how law helps in bringing social engineering. The object of the paper is to find out how Law helps in harmonizing conflict of interests. According to Pound, Law is Social Engineering . He says that -like an engineer’s formulae, laws represent experience, scientific formulations of experience and logical developments of the formulations, also inventive skill in conceiving new devices and formulating their requirements by means of a developed technique- . He called this theory as -Theory of Social Engineering’. Here Pound has used two words i.e. -Social’ means group of individual forming a society. The second word is -Engineering’ which means applied science carried out by engineers to produce finished products which are necessary for the society and which fulfil all their needs. By combining these two words he tries to say about engineers and what they do. They use the formula which is based on continuous experimentation and experience to get the finished product by means of an instrument or device. Therefore Pound represents -experience with law’, -instrument with organs of government, -engineers with judge and lawyer’ and -finished product with the wants of human beings’ and -society with a factory’. He says that like engineers, the lawyer should apply law in a court room so that the desires of the people are fulfilled. Therefore he calls law as Social Engineering and says that the aim of Social Engineering is to build as efficient a structure of society as possible which requires the satisfaction of wants with the minimum of friction and waste. It means Law should work for balancing of competing interest within the society for the greatest benefit. In a society everybody is motivated by their own interest and wants that preference be given to his or her interest over the other. Conflicts between interests arise because of the competition of the individuals with each other, with the public in order to satisfy human wants. Therefore it is needed to recognise the interest to which law should take account . For this purpose a legal system has to i.Recognize certain interest ii.Define the limits within which such interest are to be legally recognized and given effect to it. iii.And finally the above interest should be secured. Suppose I want to stand first in the exam. It is my desire. But this desire cannot be fulfilled because there is no legal recognition as there is no state’s interest in standing first position. Therefore law has to take into account the desires which need recognition. For the purpose of satisfying human interests, Pound defined interest as -claims or wants or desires which men assert de facto about which the law must do something if organised societies are to endure’ . Pound classified various interests which are to be protected by the law under three categorise which are the following : 1.INDIVIDUAL INTERESTS: These are claims or demands involved from the stand point of the individual life which consists of interest of personality, interest in domestic relations and interest of substance. 2.PUBLIC INTEREST: These are the claims or desires asserted by the individual from the stand point of political life which means every individual in a society has a responsibility towards each other and to make the use of things which are open to public use. 3.SOCIAL INTEREST: These are the claims or demands in terms of social life which means to fulfill all the needs of a society as a whole for the proper functioning and maintenance of it. It is found that there is overlapping of interest between Public and Social Interest because both are same. Pound is silent about the overlapping of interest and discussed the problem of interests in terms of balancing of Individual Interest and Social Interest . He has classified the interest into three categories but talks about the balancing of only Individual and Social Interest. It is also found that interests are the subjects on whom law has to apply social engineering. How to evaluate the conflicting interests in due order to priority? What are the guidelines on the basis of which social engineering should be carried out? Pound’s answer by saying that every society is based on basic assumptions which help in ordering of interest . One interest is of more value than that of other and the object of law should be to satisfy the interest which is in the benefit of the maximum people. Thus these assumptions are identified as jural postulates which are based on hypothesis . According to Pound, jural postulates are not the absolute one and they keep on changing as the needs of the situation, place and time demands. In 1919, Pound summarised the postulates which every individual in civilised society must be able to take it for granted that : i.Others will not commit any intentional aggressions upon him. E.g. Assault, battery, wrongful restraint etc. ii.Others will act with due care and will not cast upon him an unreasonable risk of injury. E.g. Negligence iii.He can appropriate what he has created by his own labour and what he has acquired under existing economic order for his own use. E.g. agricultural land and usufruct as property. iv.The people with whom he deals with in the general intercourse of society will act in good faith. E.g. Defamation v.He must keep the things within his boundary and should look after those things so that their escape should not harm others. E.g. Ryland vs. Fletcher case In 1942, Pound added three new postulates in the list which are i.A person will have security as a job holder. E.g. ruled by labour law, law of contract ii.Society will bear the burden of supporting him when he becomes aged. E.g. 1/3rd concession in railway ticket, ceiling of income tax range is more. iii.And the society as a whole will bear the risk of unforeseen misfortunes such as disablement. E.g. reservation quota for physically disabled person in education, travel etc. The jural postulates are to be applied both by the legislators and judiciary for evaluating and balancing the various interests and harmonizing them. Somehow Pound has told about the procedure of evaluating interests. But he has not said anything about the interest which will be given more priority over other. Whether balance between Individual and Social Interest can be achieved or not? According to Pound, balance of competing interest means satisfaction of maximum interests with less friction and waste. It means to reconcile and adjust the social and individual interest. But in practice two interests cannot be balanced. It is also found that Pound has not given much detailed attention to the way one conflicting interest is to be compared with another. Balance can only be done only when two things are able to be compared. Here, the -balancing’ metaphor is misleading . If two interests are to be balanced, that presupposes some scale or yardstick to measure and two things should be able for comparison . For balancing of anything, mathematical calculation or ratio is the outcome. For e.g. in case of ecological balance, the amount of CO2 in terms of % is to be balanced with O2 which means reduction of CO2 by aforestation or increasing the level of O2 by aforestation so that ecological balance can be attained. Therefore balance means to upgrade one thing at par with other so that neither of the two things loses anything. As per Pound’s theory, there is a clause relating to the protection of natural environment coming under social interest. There is no doubt that every society wants a healthy environment and the factory producing nuisances and pollution needs to be closed. It is in the interest of whole public for which factory is closed and the maximum satisfaction of people is achieved. But the owner of the factory having Individual Interest suffers a lot. In this circumstance, though maximum interest of the people is satisfied with least sacrifice of individual interest of the owner but balance between Individual and Social Interest has not been achieved because one has to suffer and other has to gain. When there is a matrimonial dispute between a husband and wife and wife gets a divorce decree against her husband, in this case interest of wife prevails over the husband and balance of two Individual Interests is not there because husband has to give maintenance to wife and children for which the husband suffers a lots. Exception is in case of Divorce by Mutual Consent in which both husband and wife are satisfied with divorce decree and their individual interests are fulfilled. By above discussion it is opined that conflicting interests can be satisfied by reconciliation and adjustment and the word balance is not the appropriate one for conflicting interest. How does the satisfaction of the maximum of wants with the minimum of friction and waste can be done? Pounds theory asks for the maximum gain with least friction and waste i.e. maximum satisfaction of human wants or expectations with least sacrifice. Here Pound wants to bring social control in the society. According to him social control means satisfaction of the maximum of wants of the human being in a society. Pound says that for social control, interest is the only thing which should be taken into account and Law is a means of social control. Thus law should work for balancing of interest within the society i.e. satisfying maximum interest with least waste. Somehow this theory gives prime importance to interest of public at large over individual interest and if interpreted strictly then they may result in eliminating individual interest. Here law is not supposed to deal with individual interest but bunch of interest. The tool is given in the hands of law to set them at their right position for the maximum outcome. It is true that law and order plays an important role in a society. Law and order are carried out by the Judiciary and they keep on harmonising the conflicting interests of the individual and the public through the process of social engineering. It has been witnessed through the action of Supreme Court in Vellore Citizen’s Welfare Forum Vs. The Union of India in which Kuldip Singh J. delivered the judgment that -even if the industries are of vital importance for the countries progress as they provides employment but having regard to the pollution caused by him, the principle of -sustainable development’ has to be adopted as a balancing concept between ecology and development- . In this case the two principles emerged i.e. -precautionary principle’ and the -Polluter Pays’ principle. In a land mark case of Union Carbide Corporation vs. Union of India , the Supreme Court laid down the rule of Absolute Liability in which it was held that -where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous activity, then the enterprise involved is strictly and absolutely liable to compensate to all those who are affected by the accident- . In this case regarding the compensation the Court said that the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation has a deterrent effect for future accident.

After this case, Central government passed an Act known as -The Bhopal Gas Leak Disaster (Registration and Processing of Claims) Act, 1985′ in which sec.5 of this Act says about the categorization and registration of claims . The various claims of the each individual relating to their own body, property and the claims arising from damage to flora and fauna were registered. Under sec11 of this Act, the quantum of compensation payable to the claimants was decided.

From this judgment it can be said that law gives first priority to social interest over individual interest of substance i.e. in conserving natural resources and in the protection of natural environment which is required by the whole public against the private individual who is the owner of the enterprise. Finally the maximum claims of the people were satisfied with least sacrifice of individual interest. By this act it can be seen that how various claims were categorized and compensation were given, which ultimately says that law is an instrument of social change.

In Deepa vs. S.I of Police It was held that the interest of society should be given paramount consideration over the individual interest of those who are running the show for profit and who are also earning livelihood by performing the cabaret dance in a hotel . It was a situation where the whole public says that the dance was obscene in the eyes of onlookers, which is an offence u/s 294 of IPC 1860. Hence it is found that Social Interest prevails over the Individual Interest. But this is not true in many cases. Social Engineering deals with as many satisfactions of human wants which means law should play an important role in bringing social change by fulfilling the interest of the society as a whole. There are also instances where individual interest has priority over social interest. According to Sec122 of Evidence Act 1872, marital communication between husband and wife which is an individual interest in domestic relation are privileged . Then Social Interest can be fulfilled by securing privilege communication (matrimonial communication) in which individual interest in connection with domestic relation is first privileged and which in turn secure the social institution of marriages.

Law has given preference to the interest of backward classes through reservation in government jobs, educational institutions, which not only hampers the interest of eligible candidate but also it hampers the interest of the public at large. By this type of law general people cannot tell that this reservation policy which comes under constitutional law is a bad law for them. Sometimes bad law becomes good law. Here Law helps in social engineering by giving special protection to the minority class having individual interests over social interests so that there can be ultimate social progress by bringing the minority class equally to the standard of upper class.

CHAPTER III CONCLUSION: By analysing this paper it is concluded that, Law plays an important role in reconciling and adjusting conflict of interests. Both the Social Interest and Individual Interest prevail over each other. Priority is given to both the interests. Roscoe Pound has given the concept of Social Engineering for the American Society but this concept is followed by other countries in resolving disputes. India has also followed the same concept in establishing a welfare society. Both Judiciary and Legislators play an important role in enacting the statutes which fulfil the various desires of human being. In this techsavvy society desires of human being grows and to fulfil their desires new policies, strategy has been developed.

BIBLIOGRAPHY

1.SHANKER RAO, C.N. Sociology Primary Principles. 3rd ed 2000. Published by S. Chand & Company Ltd New Delhi.

2.MAYNENI, S.R. JURISPRUDENCE (LEGAL THEORY.2nd ed reprint 2007.S.P. Gogia (Asia Law House)Hyd.

3.MAHAJAN, V.D. JURISPRUDENCE AND LEGAL THEORY.5th ed reprint 2006. Eastern Book Company. Luknow.

4. POUND ROSCOE. JURISPRUDENCE.VOL- III.2000. The Law Book Exchange Ltd.

5.MANI TRIPATHY, B.N. AN INTRODUCTION TO JURISPRUDENCE LEGAL THEORY.15th ed 2004. Allahabad Law Agency

6. FREEMAN, M.D.A THOMSON. LLOYD’S INTRODUCTION TO JURISPRUDENCE. 8th ed 2008. Reuters legal Ltd

7.PANDEY, J.N. CONSTITUTIONAL LAW OF INDIA. 42nd ed 2005.Central Law Agency Allahabad.

8.MISHRA, S.N .IPC.16th ed 2008. Central Law Publication.

Latvia Immigration Visa Processing From India

Latvia is considered for immigration because it is one of European Unions fastest growing economies. This nation located in the north of Europe is a major financial, cultural and commercial centre with the regions largest international airport. The country is a member of premium international organizations like World Trade Organization, International Monitory Fund, European Union, United Nations, Nordic Investment Bank etc. It is also an important seaport. All the above factors make Latvia a very commercially viable centre.
The culture of the country is very open and accepting towards new immigrants with their cultural diversity. Main practiced religion of the country is Christianity. The climate of the country varies from region to region, though at time it gets considerably cold. The population is a mix of Latvians as well as Russians.
All the sectors of the country have been privatized and it practices Capitalist mode of economy. This act has brought good returns to the commerce of Latvia, contributing in the countrys economic growth as well as increasing employment and investment opportunities manifold. This economy also makes the country ideal for foreign investment, as those investments can reap large benefits due to privatization. The country favours immigrant investment and business practices.
Latvia offers a Temporary Residence Permit to those who wish to settle in the country for a longer period of time as it enables them to reside in the country for a particular amount of time and gives them free access to many territories for business. A Latvia Temporary Residence Permit allows unrestricted movement and settlement opportunities in European Union countries.
To immigrate to Latvia, it is important that an applicant must first gather all the essential information regarding immigration and assess the locations suitability with regards to self. Since the immigration procedure is long and tedious, it is advised that the services of a professional visa and immigration consultant are sought. An efficient consultant can make Latvia immigration visa processing from India a piece of cake experience. There are consultants who have been in the industry for many years and have a lot of experience in cases of Latvia immigration visa processing from India. Such consultants will take the burden off the shoulders of the applicant and take care of immigration procedures like application filing, documentation, Visa interview preparation and all such major aspects. A good consultant will look after each and every detail with responsibility.
However, before choosing a consultant on must ensure that the consultant has experience in the field of Latvian immigration. Apart from experience, the consultant should necessarily have all the licenses required to practice this trade and must be duly qualified for the profession. One must beware of fake consultants who suggest presenting fake documentation in order to speed-up the immigration process.

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In Australia it is illegal for anyone to provide immigration assistance or advice if they are not registered. A Registered Migration Agent (RMA) is someone who is registered with the Migration Agents Registration Authority (MARA). In order to be registered with the MARA a migration agent must meet several requirements. Some of these are:
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With the rise in career opportunities in outside country the number of people applying for Australian and UK Visa has increased. There are a lot of reasons why people going for the visa is beneficial. Those mains the reason is of course the fact. That they want good job or study market and college in other country for making a booming and the opportunities for immigrants are many mainly due the inability of Asian population to meet the demand. There is more country is large in size the population is rather small which means the chances of you.

There are many educational opportunities in different country. There are a lot of good institutions who offer quality education to international students and getting a degree from an Australian university is equivalent to getting a degree from any reputable institution while the costs involved are lower. Visa consultancy service India offering legal services.

The new system which is known as Tier 1 (General) is just like the same as the previous one. Only few points has been changed or added in the points-based immigration system. First change came into existence from April 03, 2006. The change was rule HC-1016 of immigration. According to this, earlier Highly Skilled Migrant visa holders who were promised to get settlement after four years, as per new system they have to be in queue for five years before applying for Indefinite Leave to Remain. The second change in HSMP came into existence from November 08, 2006. It was an introduction of new points-based assessment system for all migrants whether they were currently working in UK or from outside UK looking to migrant. This change faced lots of protests because many migrants thought that this kind of changes will force them out of UK. For more information contacts us – 00-91-9212188888,8010807979,9711113635,9818733536,9911161144, 8802021177,00-91-9811294295,Malik Batra,Batra,Abhay Batra,Abhay Veer Batra

Canberra Reports Rise In 457 Visa Candidates Keen On Queensland Immigration

Immigration Australia has disclosed that 2,500 overseas workers moved to its Queensland province during the last year to cover the regions job openings across its mining and construction sectors. The existing data show that during the concerned period, 34% of workers from abroad–who turned-up on the soils of the province using 457 permits–were involved with these sunshine industries, which, presently, are facing crucial scarcities of labor. That there is huge demand for trained workers, having relevant experience, in the resources industries of Queensland, is no secret.

Meanwhile, a concerned person was quoted as saying that during the year gone by, 2011, and over the course of three months, Queensland immigration received as many as 50,000 expressions of interest (EOI) from the interested people.

Coming back to the immigration body of the country, it reportedly said that the demand for talented overseas workers is only heading north, with British workers being in a rather high demand. Workers from the US and India come next. It added that close to 1,360 construction workers turned-up during the past one year, using 457 Temporary Business Permits, even as this number is over 200% of the 670 construction workers who had turned-up during the year gone by. Besides, overseas workers entering the mining industry headed north. While earlier it was 560, it became 1,180 during the same duration.

Despite these inspiring developments, not everyone really believes that this is a positive development for Down Under or migrant workers. In this connection, a critic was quoted as saying that the use of the 457 Permits of Australia is a method to usher-in overseas workers who (companies) may take advantage of by paying not-too-impressive salaries to them. He continued that the employers of such employees may well issue a warning that they would cancel their permits before they send them back home, in case they raised any fears of safety or salary conditions.

Available data shows that, by and large, the overseas construction employees, doing jobs across the province of Queensland, have been pocketing around $124,400 per annum. Besides, on an average, the mine employees on the Australian 457 permit pocketed close to $131,900 per annum.

Meanwhile, another involved person was quoted as saying that Queensland requires additional workersthe reason being most of the trained workers of Australia are reluctant to shift to regional places. He added that such employees prefer the eastern seaboard against the west, even while they are not very enthusiastic about shifting to Queensland. He reportedly continued that the entire involved process is rather complex, adding that it is rather impossible to bring in a worker from overseas on 457 permit, in case there are local workers to cover the opening.

Legal Safeguards – Secrets Of Good India Property Management Revealed

Understanding your rights within the Indian legal system
When we think of letting our property, the first thing that occurs to us, What if the tenant does not vacate my property? In the past, this was a valid fear. The older law, The Bombay Rent of 1947 protected the tenant from eviction and rent increases. This led to landlords losing control of their property. Finally in 1999, the Maharashtra Rent Control act was passed this time to protect both parties involved.
Most people still cling to the old notions of the Indian legal system. Mr. Patel from Harrow who owns a flat in South Mumbai, put it best, I know that all tenants are not bad but what if I let my flat out to a tenant who then refuses to vacate. I have heard that filing a court case in India takes years. I dont want to spend 5 or 10 years paying legal fees and appearing in court. I want my flat available when I need it. It is true that a legal case can take longer than anyone would wish, but there are alternative solutions.
Good property management companies use leave and license agreements that cover the right of recovering possession under the relevant sections of both the Bombay Rent Act and the Maharashtra Rent Control Act. They also include clauses of arbitration in case of dispute. Ideally, Leave and License Agreements are valid for 11 month periods and are duly registered. Tenants details are also submitted to the local police station.
If the tenant does not vacate, good property management companies assist by issuing notices on behalf of the landlord. If that does not work, a police complaint needs to be filed. The police then assist in evicting the tenants. In majority of the cases, this is all that is necessary to reclaim the property. The last resort is to go to the small causes court armed with the registered agreement. Typically such cases are decided within 15 working days with all the right documentation.
The Indian real estate market and the Indian legal system are safe and fair for the majority of law abiding citizens. Good property management companies ensure that landlords are protected, making their property ownership a joyful experience.
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Is Forex Trading In India Breaking The Law

The nature of forex trading is such that it can be perceived as gambling and made illegal in some countries. We are fortunate that this is not the case in India and many people are quietly making 1000’s on a daily basis.

Although forex trading itself is not illegal in India it can be difficult to profit from the limited currency pairs that you are allowed to trade. The Rupee currency of India is highly protected by the Royal Bank of India and exchanging it for other currencies is highly restricted. They have been more lenient with these laws recently as to aid the economy by introducing the financial markets, but the rupee is not a volatile currency so it can be hard to profit.

The forex market does not change wherever you are in the world, it still has trillions of dollars traded on it every day and it is still possible to trade 24 hours a day 5 days a week. There is no reason why Indian residence cannot take a piece of this action and in fact many of them are. Many Indians are joining the global financial market every day.

The spread betting companies in India might well be limited to the trading pairs that they can offer but it does not mean that people in India cannot go elsewhere to trade forex. Using a managed forex account is becoming increasingly popular as a method for residence of India to benefit from the complete forex market.

There is nothing illegal about using a forex managed account and it is the simple task of opening an account and giving it to a professional to trade on for you. The benefits include staying within the law and being able to have a much more profitable account in your portfolio.

You do not need to get involved in the task of trading yourself you can leave that task to the professionals. Simply sign the necessary paper work to give the account manager the power to use your account and watch the profits roll in.

It is hard not to see the benefits of using a forex managed account; for one the combined experience of the traders means you are getting profitable trades and not just lucky wins. It is important to remember that although the forex market can be very lucrative it can have a steep learning curve for the inexperienced trader.

There is no need to worry about money in your trading account as it can only be withdrawn to the card from which it was first deposited. All you need to do is sit back and allow the account manager to do his job and of course withdraw the money now and again.

India will definitely have access to the full forex market in the future as it is impossible for them to stay out of this huge earning potential. Until that day comes about using a managed account is the best way to see success in the market place.

Take advantage of the professionalism that is on offer with a managed account and see your investments grow for very little effort.