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Mechanical Jurispurdence Essay

  • Submitted by: lama123456
  • on November 24, 2012
  • Category: English
  • Length: 1,294 words

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Below is an essay on "Mechanical Jurispurdence" from Anti Essays, your source for research papers, essays, and term paper examples.

“What is scientific law? What constitutes science in the administration of justice?” The following questions were asked in Pound’s writing on mechanical jurisprudence. Pound went on to quote Sir Fredrick Pollock’s proposition on the existence of a scientific law. He proposed that “scientific law demands for full, equal and exact justice. Full justice, that is for solutions that solve the root controversy; equal justice, that is a like adjustment of like relations under like conditions; and the demand for exact justice, that is for a justice whose operations, within reasonable limits, may be predicted in advance of action”. Pound expressed the term mechanical jurisprudence to refer “to the common but odious practice whereby judges woodenly applied previous precedents to the facts of cases without regard to the consequences”. Judges blatantly apply former rules to subsequent cases with facts that do not match the requirements. Mechanical jurisprudence fails to accommodate to the constant changes in society. Hart shunned the concept of mechanical jurisprudence. In his reasoning on formalism and rule-skepticism, Hart argues when in making general rules or principles to control and guide social conduct, uncertainty in the language will occasionally surface. He argues that in this world, there is no way of predicting what will happen and so legislators cannot pass general principles in advance of the “fact-situations”.   This essay will provide an explanation for what is meant by mechanical jurisprudence and how Hart objects this legal theory all together.
Mechanical jurisprudence is a body of scientific law that entrenches “conformity to reason, uniformity and certainty”. Pound explains in his article on mechanical jurisprudence that “law is scientific in order to eliminate the personal equation in judicial administration, to preclude corruption and to limit the dangerous possibilities of magisterial ignorance”. Scientific law can only be applied when like cases arise,...

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