An Introduction to the Philosophy of Law

An Introduction to the Philosophy of Law

An Introduction to the Philosophy of Law

An Introduction to the Philosophy of Law

Synopsis

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.

Excerpt

This book is a written version of lectures delivered before the Law School of Yale University as Storrs Lectures in the school year 1921-22.

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 list of authorities relied upon in Spencer Justice, and noting that his historical legal data were taken from Maine Ancient Law and thus came shaped by the politicalidealistic 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 . . .

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.