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New PDF release: An Introduction to the Philosophy of Law

6 April 2018 adminLegal Theory Systems

By Roscoe Pound

This criminal consultant is a written model of lectures brought prior to the legislations university of Yale college as Storrs Lectures within the tuition yr 1921-1922.

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Example text

In the beginnings of law men had no more ambitious conception than a peaceable ordering of society at any cost. But the Greeks soon got a better conception of an orderly and peaceable maintaining of the social status quo. When the theory of natural law is applied to that conception, we get the notion of an 'ideal form of the social status quo--a form which expresses its nature, a perfect form of the social organization of a given civilization-as that which the legal order is to further and maintain.

Except as he could leam to plot some part of the Inevi- - table curve of legal development and save us from futile flyings in the face of the laws by which legal evolution was inevitably govem~ the jurist was powerless. Many combined this mode of thought with or grafted it on the metaphysical-historical theory and fought valiantly against"the social legislation of the last decade of the nineteenth century and the first decade of the present century with this reinforced juristic pessimism 'as a base.

It was not a matter of conscious human endeavor. The process was determined by the unfolding of an idea of right and justice or an idea of liberty which was realizing itself in human administration of justice, or by the operation of biological or psychological laws or of race characters, whose necessary result was the system of law of the time and people in question.

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An Introduction to the Philosophy of Law by Roscoe Pound


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