Roscoe Pound

Pound has mentioned five jural postulates as follows-

Jural postulate I– in civilised society men must be able to assume that others will commit no intentional aggression upon them.

Jural postulate II– in civilised society men must be able to assume that they may control for beneficial purposes what they have discovered and appropriated to their own use, what they have created by their own labour and what they have created by their own labour and what they have acquired under the existing social and economic order.

Jural postulate III – In a civilized society men must be able to assume that those with whom they deal as a member of the society will act in good faith and hence-

Will make good reasonable expectations which their promises or other conduct reasonably create;

Will carry out their undertaking according to the expectations which the moral sentiment of the community attaches thereto.

Will restore specifically or by equivalent what comes to them by mistake, or failure of the pre-suppositions of a transaction, or other unanticipated situation whereby they receive at other’s expense what they could not reasonably have expected to receive under the actual circumstances.

Jural postulate IV– in civilized society men must be able to assume that those who engage in some course of conduct will act with due care not to cast an unreasonable risk of injury upon others.

Jural postulate V-in a civilized society men must be able to assume that others who maintain things or employ agencies, harmless in the sphere of their use but harmful in their normal action elsewhere, and having a natural tendency to cross the boundaries of their proper use will restrain them and keep them within their proper bounds.

Pounds confessed that these jural postulates are not absolute but they have relative value. These are ideal standards which law should pursue in society they are of a changing nature and new postulates may emerge if the changes in society so warrant. Thus the jural postulates by Roscoe pound provide guidelines for civilized life and they also seek to strike a balance between reality and idealism as also power and social accountability of men in the community.

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