An Introduction to the Philosophy of Law by Roscoe Pound

By Roscoe Pound

This criminal advisor is a written model of lectures introduced sooner than the legislation university of Yale collage as Storrs Lectures within the institution yr 1921-1922.

Show description

Read Online or Download An Introduction to the Philosophy of Law PDF

Best legal theory & systems books

The Common Law

Oliver Wendell Holmes, Jr. (1841–1935) is mostly one of the 2 maximum justices of the us excellent courtroom, leader Justice John Marshall being the opposite. in additional than 2000 critiques, he delineated a powerful felony philosophy that profoundly inspired American jurisprudence, fairly within the sector of civil liberties and judicial restraint.

Feminist perspectives on land law

The 1st booklet to envision the serious zone of land legislation from a feminist point of view, it offers an unique and demanding research of the gendered intersection among legislation and land; ranging land use and possession in England and Wales to Botswana, Papua New Guinea and the Muslim global. The authors draw upon the various disciplinary fields of legislations, anthropology and geography to open up views that transcend the often slim topography and cartography of land legislations.

Designing Print Materials for Flexible Teaching and Learning in Law (Legal Education Series)

This publication is written for legislations academics who are looking to layout their very own educating and studying fabrics. it really is designed for person academics and instructing groups who are looking to increase fabrics and inspire lively studying by means of scholars, and combine using fabrics with different educating and studying options.

An introduction to property theory

This e-book surveys the prime glossy theories of estate – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – after which applies these theories to concrete contexts during which estate concerns were specially arguable. those contain redistribution, the precise to exclude, regulatory takings, eminent area and highbrow estate.

Additional resources for An Introduction to the Philosophy of Law

Example text

The technique was one of legal reason; but it was a legal reason identified with natural reason and worked out and applied under the influence of a philosophical ideal. The conception of natural law as something of which all positive law was but declaratory, as something by which actual rules were to be measured, to which so far as possible they were to be made to conform, by which new rules were to be framed and by which old rules were to be extended or restricted in their application, was a powerful instrument in the hands of the jurists and enabled them to proceed in their task of legal construction with assured confidence.

The period was one of transition from the primitive law of the Germanic peoples to a strict law, through reception of Roman law as authoritative legislation or through compilation of the Germanic customary law more or less after the Roman model, as in the north of France, or through declaration of the customary law in reported decisions of strong central courts, as in England. Thus it soon became a period of strict law. Scholastic philosophy, with its reliance upon dialectic development of authoritatively given premises, its faith in formal logic and its central problem of putting reason as a foundation under authority, responded exactly to these demands.

The jurisconsult had no legislative power and no imperium. The authority of his responsum, as soon as law ceased to be a class tradition, was to be found in its intrinsic reasonableness; in the appeal which it made to the reason and sense of justice of the iudex. In Greek phrase, if it was law, it was law by nature. As the rise of professional lawyers, the shifting of the growing point of law to juristic writing and the transition from the law of a city to a law of the world called for a legal science, there was need of a theory of what law was that could give a rational account of the threefold body of rules in point of origin and authority, which were actually in operation, and would at the same time enable the jurists to shape the existing body of legal precepts by reason so as to make it possible for them to serve as law for the whole world.

Download PDF sample

Rated 4.95 of 5 – based on 31 votes