An Introduction to the Philosophy of LawPound, Roscoe. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1922. 307 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044351. ISBN 1-58477-327-8. Cloth. $70. * Pound's Introduction outlines the philosophical foundations that support Anglo-American common law. A written version of the Storrs Lectures delivered at Yale University during the academic year 1921-1922. "Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject..." William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922. |
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action analytical application of law basis Berolzheimer bility called causa civilized society claims common law conception courts culpable deduction delict doctrine droit duty economic end of law equity and natural equivalent ex delicto faith filosofia del diritto formal contracts Gnaeus Flavius Greek hand Harvard Law Review Hence historical jurists individual injury institutions interpretation involved judicial jurisprudence jury Justinian Korkunov law merchant lawmaking lawyers legal development legal history legal order legal precepts legal system legal transaction legislation liability without fault logical maturity of law ment metaphysical moral natural law natural rights negligence nineteenth century obligation organized ownership pact personality philosophy of law political possession postulate primitive principles rational reason relation res ipsa loquitur res nullius result Roman law rules seventeenth social interest social order sought stage of equity strict law System der Rechts theory of law things thinking thought tion torts World's Legal Philosophies
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Page 17 - It has sought to give us a complete and final picture of social .control. It has sought to lay down a moral and legal and political chart for all time. It has had faith that it could find the everlasting, unchangeable legal reality in which we might rest, and could enable us to establish a perfect law by which human relations might be ordered forever without uncertainty and freed from need of change.
Page 18 - Two needs have determined philosophical thinking about law. On the one hand, the paramount social interest in the general security, which as an interest in peace and order dictated the very beginnings of law, has led men to seek some fixed basis of a certain ordering of human action which should restrain magisterial as well as individual wilfulness and assure a firm and stable social order.