Roscoe Pound’s School of legal Sociology and its Application to the Creation of Justice and Equality in thai Society

Abstract

This article aims to analyze the application of Roscoe Pound’s sociological legal concepts specifically his theory of 'social engineering' as a mechanism for achieving justice and equality in contemporary Thai society. Amidst ongoing conflicts between individual and public interests, this study employs document analysis and examines three key case studies. The results indicate that Pound’s framework, which emphasizes the balancing of interests and the use of law to reconcile conflicting claims, can be applied in the following areas: (1) Informal Labor: Legal engineering should be utilized to expand social protections to workers outside the traditional employment system, thereby enhancing life security. (2) Marriage Equality: Recognizing the right of all genders to form a family represents a social restructuring that aligns with the genuine needs of modern individuals. (3) Short-term Apartment Rentals: The law must function as a compromise between the owners' rights to profit from their property and the residents' rights to privacy and security. In conclusion, achieving justice in Thai society through Pound's perspective requires designing laws as proactive tools for social organization, aiming to satisfy human needs effectively while minimizing the sacrifice of social resources.