Society consists not of robots but of thinking individuals, who are guided by norms, symbols, values, beliefs, ideals, ideologies and many other cultural factors. Keputusan hukum yang adil dapat digunakan sebagai sarana untuk mengembangkan masyarakat. The functional approach views society as a complex system whose parts work together to promote solidarity and stability. Pound classifies legally protected interests in three main categories of public interests, social interests and private interests. The death of his father led Pound to return to Lincoln, where he passed the Nebraska bar examination and was admitted to the bar in 1890.
Tugas yudisial hakim tidak lagi dipahami sekedar sebagai penerap undang-undang terhadap peristiwa konkrit berupa berbagai kasus dan konflik atau sebagai sekedar corong undang-undang boncha de la loi tetapi juga sebagai penggerak social engineering. A sociologically informed account of Pound's work, which places it in the context of the historical development of the sociology of law, will be found in Alan Hunt , The Sociological Movement in Law, 1978. Central to Pound's conception was the very suggestive idea that in modern societies the law represents the principal means through which divergent are brought into some sort of alignment with one another. Accordingly law became a synthesis of philosophy, history etc. Hukum dalam gagasan para pendiri tersebut justru seyogyanya menjadi dasar pertama dan utama bagi nilai-nilai demokrasi dan keadilan sosial.
Hukum sangat dipengaruhi oleh ideologi, politik, ekonomi, sosial, budaya. Kepentingan nasional tersebut harus melindungi kepentingan negara kemauan negara adalah kemauan publik. His opinions emphasized substance over procedure and reflected a concern with the practical effect of the law. The object of positivist sociology is to make knowledge about society less speculative and more evidence based. Some of his works are Spirit of the Common Law 1921 ,An introduction to the philosophy of law 1922 ,Interpretations of legal history 1923 ,Law and Morals 1926 ,The formative era of American law -its growth,procedure and significance 1942 ,Social control through law 1942 and the Task of Law 1944. Ketiga unsur penopang sistem hukum tersebut saling berkaitan dalam rangka bekerja menggerakkan roda hukum suatu negara Friedman, 1990:5-6.
It is more than a body of rules; it has rules, principles, conceptions and Standards for conduct and for decisions but it also has Doctrines and modes of professional thought and professional rules of Art By which the precepts for conduct and decisions are applied, developed and given effect. A second reason is that many of the rules in the law books would be ineffectual but for the fact that they are already observed as social rules. Pada negara berkembang seperti Indonesia pembangunan hukum menjadi prioritas utama, terlebih lagi jika negara yang dimaksud merupakan negara yang baru merdeka dari penjajahan bangsa lain. What is the task of the formal legal order? Address before the Chicago Bar Association, January 3, 1916. He did not suggest any evolutionally sequence but rather saw law in society as stages which were ideal types and elements from each, these elements can be found in ancient as well as in modern legal practice. Society is not governed solely by the laws of nature.
More often norms, customs, traditions and institutions are passed on from generation to generation in society. To Pound, sociological jurisprudence should ensure that the making, interpretation and application of laws take account of social facts. Firstly, the common needs of the individuals which are satisfied by mutual assistance, and secondly, the diverse needs of individuals which are satisfied by exchange of services. What is the task of the formal legal order? The latter is primarily concerned with debates within mainstream sociology and instead engages with some of the debates within jurisprudence and legal theory. Tanzania did not break with the colonizers but instead made welfare provisions with the situation of under development.
Pound does not give an ideal scale of values with reference to interests. He was appointed dean in 1916 and served until 1936. Tidak hanya sekedar kemauan pemerintan. That was in spite the fact that the number of crimes reported had increased only from 345 to 363. India has also followed the same concept in establishing a welfare society.
Hukum memilih untuk berbagai kepentingan yang dibutuhkan untuk mempertahankan dan mengembangan peradaban. This may even be argued as among the causes of colonialism throughout the world. He was first to recognize that the path to understanding the whole world and society was based in science. Di dalam hukum berbicara tentang pelaksanaan keadilan tersebut yang berarti mengatur hubungan-hubungan dan menerbitkan kelakuan manusia di dalam dan melalui aturan-aturan tentang tingkah laku. He was from 1903 to 1911 and then from 1916 to 1936. Professor Stone is considered as a representative of modern sociological jurisprudence one of the main faults of classical sociological jurisprudence.
If crime rates are consistently higher in poorer neighborhoods than in prosperous ones, a positivist sociologist may construct the hypothesis that poverty is a cause of crime and then test this against further evidence. While Pound was dean, law school registration almost doubled, but his standards were so rigorous that one-third of those matriculated did not receive degrees. Sehubungan dengan itu, Pound berusaha menyatukan ketiga pengertian tadi ke dalam sebuah definisi. Although it is not often remembered now, Pound was a Roman law scholar. This happened as a result of the consequences of the laissez-faire doctrine. It is impossible to fulfil all the desires of a human being.
According to Selznick, the third stage has not been reached yet. Third, the sociologists and sociological jurists demonstrated the dynamic and adaptive nature of the legal order. Pound conceded that it was important to study the psychology of judging, but only to prevent the aberrations the realists claimed were common. It also includes opinion, methods of professional views, professional rules of art by which rules of conduct and decision are executed, developed and made effective. The task of law following the evolution of Civilization is both to maintain existing values and to create new ones for the further development and unfolding of human powers.
The jural postulates are to be applied both by the legislators and judiciary for evaluating and balancing the various interests and harmonizing them. Roscoe Pound l87O—1964 was the first jurist to make the social dimensions of law, a central concern of Anglo-American jurisprudence. Durkheim tended to under estimate conflict especially on law and morals on how both can come into conflict with each other. For Pound, the legal system worked best when the law followed society. The writings on law by these classical sociologists are foundational to the entire sociology of law today.