Question

For Roscoe Pound 'jural postulates' are to be discovered:

• A. in the law itself
• B. outside the law
• C. in the juristic thought
• D. in all of the above

Answer 1

The Correct Option is A

The Correct Option is (A): in the law itself.

Answer 2

The question asks where Roscoe Pound says jural postulates are to be discovered. Pound's sociological jurisprudence treats jural postulates as the basic assumptions a given civilisation makes about how people should get along, and his method for identifying them is what the options are testing.

1. in the law itself: Pound derives jural postulates through careful examination of the existing body of law, case law, statutes, and legal doctrine, treating positive law as the record of what a society has already assumed and built into its rules. By studying the actual legal materials of a time and place, the underlying assumptions, the jural postulates, can be extracted from within the law itself.
2. outside the law: Pound's method is not to look at abstract social data divorced from legal texts, but to work from the legal system's own materials, so treating the postulates as found wholly outside the law does not match his approach, which is grounded in existing legal doctrine.
3. in the juristic thought: juristic writing may discuss or comment on jural postulates, but Pound's actual method locates the postulates in the operative law of a given time and place, not merely in the theoretical writings of jurists.
4. in all of the above: since Pound's stated method is to examine the law itself, this broader option overstates the sources and does not reflect his more focused method.

Pound's sociological jurisprudence treats jural postulates as assumptions that a particular legal order has already built into its own rules, to be uncovered by studying that law, not by looking elsewhere.

So the correct answer is in the law itself.