some Anglo-American jurist arises with the universal equip-
ment 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 meta-
physics 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 philoso-
phy 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
these problems philosophically without treating them in
terms of the eighteenth-century natural law or the nine-
teenth-century metaphysical jurisprudence which stand for
philosophy in the general understanding of lawyers.

ROSCOE POUND

Harvard Law School,
October 25, 1921

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