CONCEPT OF 'LAW IN BOOKS' vs 'LAW IN ACTION' was articulated by:

Question

Accepted Answer

A. ROSCOE POUND in 'Law in Books and Law in Action' (1910) — distinguishing FORMAL LAW from how it ACTUALLY OPERATES in society; foundational to SOCIOLOGICAL JURISPRUDENCE and EMPIRICAL LEGAL STUDIES

1. ROSCOE POUND (1870-1964), Harvard Law School Dean, was a leading sociological jurist.
2. In 'LAW IN BOOKS AND LAW IN ACTION' (1910), Pound distinguished:
3. (i) LAW IN BOOKS — formal rules in statutes, codes, judicial opinions;
4. (ii) LAW IN ACTION — how rules actually operate in society — police behaviour, citizen compliance, judicial discretion, lawyer strategy, regulatory enforcement.
5. Pound argued the GAP between law in books and law in action is the proper subject of legal research.
6. INFLUENCE:
7. (i) Foundational to SOCIOLOGICAL JURISPRUDENCE;
8. (ii) Precursor to AMERICAN LEGAL REALISM;
9. (iii) Modern EMPIRICAL LEGAL STUDIES (ELS) trace lineage to Pound.
10. Pound's 'SOCIAL ENGINEERING' theory: law as instrument for adjusting competing social interests.
11. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Roscoe Pound, 'Law in Books and Law in Action' (1910) 44 Am L Rev 12_

Answer

John Austin (cf. Roscoe Pound, 'Law in Books and Law in Action' (1910) 44 Am L Rev 12) (cf. Roscoe Pound, 'Law in Books and Law in Action' (1910) 44 Am L Rev 12)

Answer

Jeremy Bentham (cf. Roscoe Pound, 'Law in Books and Law in Action' (1910) 44 Am L Rev 12) (cf. Roscoe Pound, 'Law in Books and Law in Action' (1910) 44 Am L Rev 12)

Answer

Hans Kelsen (cf. Roscoe Pound, 'Law in Books and Law in Action' (1910) 44 Am L Rev 12) (cf. Roscoe Pound, 'Law in Books and Law in Action' (1910) 44 Am L Rev 12)