ROSCOE POUND’S THEORY OF SOCIAL ENGINEERING AND ITS RELEVANCE IN ROLE OF JUDICIARY IN POST COVID-19 PANDEMIC ERA.
Received: 13.06.2021; Revised: 22.07.2021, Accepted: 15.09.2021, Published Online: 27.09.2021
Dr. Abhijeet Ramkrishna Dhere
Assistant Professor, Faculty of Law, Dr. Vishwanath Karad MIT World Peace University, Pune
Dr Vikrant Sopan Yadav
Associate Professor, National Institute of Construction Management and Research, Hyderabad
The theory of social engineering as propounded by Dean Roscoe pound is quite relevant even in the contemporary era. The COVID-19 pandemic has shaken the world in such a manner that it has compelled all of us to think about every factor of our life from a new standpoint. Legal systems of the world are no exception. In this challenging time the responsibility of legal fraternity has increased by many folds. Law has been guiding force and principle of human life which has shown the right ways in the times of distress. During the ongoing pandemic Era, the role of law has become more important. Law has to listen and adapt to the changing situations in such a manner that it will prevent any further chaos and regulate the human behaviour to ensure peace and harmony. If the systems are not robust and flexible enough to accommodate the new challenges, it will collapse. No country would ever wish to get into that situation. Therefore, every legal system is trying to make some changes which will accommodate the needs of changed situations. Judiciary has to be more compassionate and should embrace the position as guardian of constitutional systems in a true sense. Judiciary has to be proactively working to fulfil the constitutional vision of welfare state. Towards this end, the theory which can guide and lead the way in future is the ‘theory of social engineering’ propounded by renowned jurist Dean Roscoe Pound. The theory of social engineering takes into consideration the dynamic nature of society and mandates to accommodate the changes through legal instruments or machineries. It can be applied to the contemporary times and be relevant in tackling the situational challenges. This paper is an attempt to analyse the principles laid down by the theory of social engineering and its contemporary notions and the probable solutions to handle the post COVID19 Pandemic issues pertaining to the Indian legal system.
Key Words: Social Engineering, Theory, COVID-19, Pandemic, Indian Legal System, Judiciary, Interest, Justice