An Introduction to the Philosophy of Law, by Roscoe Pound
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An Introduction to the Philosophy of Law, by Roscoe Pound
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“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.”
Roscoe Pound was distinguished as one of the most prominent legal scholars in the development of American jurisprudence. In An Introduction to the Philosophy of Law, he describes how philosophy has been a paramount conceptual instrument throughout the history of law. Pound examines what philosophy has done for addressing some of the major challenges of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society.
According to Pound, philosophies of law historically have rationally adjusted legal developments to the circumstantial needs of society. Pound concerned himself primarily with the practical effects of American legal developments within the context of social interests and general security. He encouraged American jurists to abandon efforts to conform obsolete models of legal philosophy to new realities. The significance of Pound’s scholarship, particularly An Introduction to the Philosophy of Law, is the legal relativism inherent therein and its ongoing impact not merely on American jurisprudence, but on the imperative that American public policy be tested in the juridical crucible of relativism.
Contents
I. The Function of Legal Philosophy
II. The End of Law
III. The Application of Law
IV. Liability
V. Property
VI. Contract
Bibliography
An Introduction to the Philosophy of Law, by Roscoe Pound- Amazon Sales Rank: #5159803 in Books
- Published on: 2015-05-24
- Original language: English
- Dimensions: 9.00" h x .42" w x 6.00" l,
- Binding: Paperback
- 186 pages
From the Back Cover Among books of similar scope, this is the recognized American classic. Those who read this book will have the strange privilege of thinking things together in the law from the beginning of written history to the moment Pound sent his writings to the printer. Through this writing of Pound's they can see what it is to deal with the whole objective world in the law as a freeman should, knowing how things have happened fortunately or unfortunately, logically or through some kind of hardly explicable human conduct.
About the Author Roscoe Pound (Nathan) (1870-1964) was dean of Harvard Law School. Before that he was dean at the University of Nebraska School of Law. He is known as the father of the sociological jurisprudence movement and one of America’s earliest leaders advocating for legal realism. He authored numerous books, including The Spirit of the Common Law, Law and Morals, and Criminal Justice in America.
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19 of 19 people found the following review helpful. A must-have for anyone studying the law By Jo-Be-Se I'm a college student with a legal studies concentration. I've taken 8 courses on our legal system so far, most of which concentrate on the judicial system. In two chapters this book covers more than any textbook I've been assigned for my courses. Pound's discussions on the application of law are worthwhile in and of themselves. This is clearly the definitive classic text on american jurisprudence, most of which is still relevant despite its age.That said, there is a downside to the book. It takes hours to read certain pages. In a few sentences Pound manages to convey the same information other authors do in pages. This is not hyperbole. I'm currently taking Judicial Process and Business Law. The combined texts for those classes border on 750 pages. This one book discusses all of the same topics, in much more precise and clear language, in 168 pages. If you want to learn why the law is the way it is, this is the one book you must buy.
1 of 1 people found the following review helpful. College Reading Level Required. By Michele Lots of good information, you must have a pretty good understanding of English, and Latin to understand the terminology.
1 of 1 people found the following review helpful. Very informative. By Andy This is a good source of information that you can keep handy on your iPad or Kindle. The price is right, too.
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