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An Introduction to the Philosophy of Law
     

An Introduction to the Philosophy of Law

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by ROSCOE POUND
 

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This ebook is complete with linked Index and linked Table of Content making navigation quicker and easier.

This book is a written version of lectures delivered before the Law School of Yale University as Storrs Lectures in the school year 1921-1922.

A metaphysician who had written on the secret of Hegel was congratulated upon his success in keeping

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This ebook is complete with linked Index and linked Table of Content making navigation quicker and easier.

This book is a written version of lectures delivered before the Law School of Yale University as Storrs Lectures in the school year 1921-1922.

A metaphysician who had written on the secret of Hegel was congratulated upon his success in keeping the secret. One who essays an introduction to the philosophy of law may easily achieve a like success. His hearers are not unlikely to find that he has presented not one subject but two, presupposing a knowledge of one and giving them but scant acquaintance with the other. If he is a philosopher, he is not unlikely to have tried a highly organized philosophical apparatus upon those fragments of law that lie upon the surface of the legal order, or upon the law as seen through the spectacles of some jurist who had interpreted it in terms of a wholly different philosophical system. Looking at the[Pg 10] list of authorities relied upon in Spencer's Justice, and noting that his historical legal data were taken from Maine's Ancient Law and thus came shaped by the political-idealistic interpretation of the English historical school, it is not difficult to perceive why positivist and Hegelian came to the same juristic results by radically different methods. On the other hand, if he is a lawyer, he will very likely have been able to do no more than attempt none too intelligently to work with the complicated and delicate engines of others upon the toughest and most resistant of legal materials. Until some Anglo-American jurist arises with the universal equipment of Josef Kohler the results of common-law incursions into philosophy will resemble the effort of the editorial writer who wrote upon Chinese Metaphysics after reading in the Encyclopædia Britannica under China and Metaphysics and combining his information. Yet such incursions there must be. Philosophy has been a powerful instrument in the legal armory and the times are ripe for restoring it to its old place therein. At least one may show what philosophy has done for some of the chief problems of the science of law, what stands before us to be done in some of the more conspicuous problems of that science today in which philosophy may help us, and how it is possible to look at those problems philosophically without treating them in terms of the eighteenth-century natural law or the nineteenth-century metaphysical jurisprudence which stand for philosophy in the general understanding of lawyers.

Nathan Roscoe Pound was a distinguished American legal scholar and educator. In 1903, Pound became dean of the University of Nebraska College of Law. In 1910, Pound began teaching at Harvard and in 1916 became dean of Harvard Law School. He wrote "Spurious Interpretation" in 1907, Outlines of Lectures on Jurisprudence in 1914, The Spirit of the Common Law [1] in 1921, Law and Morals in 1924, and Criminal Justice in America in 1930.

In 1908, he was part of the founding editorial staff of the first comparative law journal in the U.S., the Annual Bulletin of the Comparative Law Bureau of the American Bar Association. He was also the founder of the movement for "sociological jurisprudence", an influential critic of the U.S. Supreme Court's "liberty of contract" (freedom of contract) line of cases, symbolized by Lochner v. New York (1905), and one of the early leaders of the movement for American Legal Realism, which argued for a more pragmatic and public-interested interpretation of law and a focus on how the legal process actually occurred, as opposed to the arid legal formalism which prevailed in American jurisprudence at the time. Pound would later turn against the movement and became a leading critic of the legal realists later in his life. In 1934, Pound received a medal from the Nazi government of Germany. ---From Wikipedia

Product Details

BN ID:
2940011872594
Publisher:
WHITE DOG PUBLISHING
Publication date:
12/01/2010
Sold by:
Barnes & Noble
Format:
NOOK Book
File size:
142 KB

Meet the Author

Roscoe Pound was dean of the Harvard Law School. His other books include Social Control Through Law (Available from Transaction), The Spirit of the Common Law, and Interpretations of Legal History. Marshall L. DeRosa is associate professor of political science at Florida Atlantic University and Salvatori Fellow with the Heritage Foundation.

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