FUNCTIONAL SCHOOL OF JURISPRUDENCE:

The functional school of law developed in the United States. It focuses on the

question: "Will this law work?" Law is one of experience.

It is also called the "theory of sociological jurisprudence", "sociology of law,"

or "social science school of law."

It focuses on the "operation and effects" of law in relation to the interests of
society. The "interests of society", not the folk-soul or the pressures from the
powerful elite, is the source of law. Montesquieu wrote that law is an

evolutionary process.
Law is a tool for the "balancing of interests" in society. It is a tool of "social
control" or "social engineering." In a sense, it adheres to the tenets of
"pragmatic ethics" or "ethical relativism" as it aims to serve the interests of

society with the least friction.

It adheres to, and is actually a type of, "legal positivism" and "legal realism."
The main factors that define the law are expediency and the convenience of

society. Its main proponent is Dean Roscoe Pound.

There are three kinds of interests: individual, public, and social (or jural). All
of these must be considered in the "legal ordering" of society (private rights
and obligations vs. social interests). Since not all social conflicts can be
compromised, some interests must give in. In social engineering, where
compromise

fails,

the

tools

of

arbitration,

judicial

action,

purposive

legislation, and decisive executive action must come in.

The greatest good for the greatest number, or "social utilitarianism," is the
main guidepost of the functional school. Law is pragmatic and dynamic.