. . . . . . . . propounded the theory that the primary purpose of the law of Tort is social engineering.
A. Prof. Hart
B. Prof. William L. Prosser
C. Prof. Fraser
D. Prof. Kenny
E. Prof. Roscoe Pound
Answer: Option E
Solution(By Examveda Team)
In the context of the Law of Torts, the theory of social engineering posits that one of the main objectives of tort law is to bring about desired changes in society by influencing behavior and promoting a safer and fairer environment. This theory emphasizes that tort law serves not only as a means of compensating victims but also as a tool to shape societal norms and encourage responsible conduct. It views tort law as a mechanism for achieving broader social goals and fostering a sense of accountability among individuals and entities.Option A: Prof. Hart
This option is incorrect. Prof. Hart, also known as H.L.A. Hart, was a legal philosopher known for his contributions to the philosophy of law, particularly the concept of legal positivism.
Option B: Prof. William L. Prosser
This option is incorrect. Prof. William L. Prosser was a prominent figure in tort law and contributed significantly to the field with his writings, but he is not specifically associated with the theory of social engineering.
Option C: Prof. Fraser
This option is incorrect. Prof. Fraser is not commonly associated with the theory that the primary purpose of the law of Tort is social engineering.
Option D: Prof. Kenny
This option is incorrect. Prof. Kenny is not commonly associated with the theory that the primary purpose of the law of Tort is social engineering.
The correct answer is Option E: Prof. Roscoe Pound, as he propounded the theory that the primary purpose of the law of Tort is social engineering.
Roscoe Pound, a renowned American legal philosopher, was a prominent figure of the Sociological School of Jurisprudence that arose in the 19th to 20th century as a reaction against the positivist theory of law. The Sociological School regards societal customs and society itself as sources of law, arguing that law is not merely about individuals, but about the association of individuals in society.
Pound, who is recognized as the father of this school, supported this idea by introducing his own concept of Social Engineering based on the Sociological School. In his theory, Pound drew an analogy between lawyers and engineers, viewing law as a body of knowledge and experience that can be utilized by "social engineers" such as lawyers and advocates to structure society. He likened law to engineering by stating that just as engineers use their expertise to give structure to their final products, the law can be used in the same way to create a structured society that leads to happiness.
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."
Therefore, I believe your Answer: Option B, Prof Williamm L Prosser may not be correct.
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