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By Roscoe Pound

This felony consultant is a written model of lectures brought earlier than the legislations tuition of Yale collage as Storrs Lectures within the institution 12 months 1921-1922.

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Extra resources for An Introduction to the Philosophy of Law

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IBoth of these ideas, natural rights and an ideal form of the actual law of the time and r place as the jural order of nature, were handed down to and put to new uses in the nineteenth century. In the growing law of the seventeenth and eighteenth centuries they were but guides to lead growth into definite channels and insure continuity and permanence in the development of rules and doctrines. " For the state of nature, let us remember, was a state which expressed the ideal of man as a rational creature.

Thus, apart from mere systematic and formal improvement, the theory of lawmaking in the maturity of law was negative. It told us chiefly how we should not legislate and upon what subjects we should refrain from lawmaking. Having no positive theory of creative lawmaking, the last century was little conscious of requiring or holding a theory as to the end of law. But in fact it held such a theory and held it strongly. As ideas of what law is for are so largely im- plicit in ideas of what law is, a brief survey of ideas of the nature of law from this standpointwill be useful.

Whenever we find a body of primitive law possessed as a class tradition by a political oligarchy it is likely to be thought of in this way just as a body of like tradition in the custody of a priesthood is certain to be thought of as divinely revealed. A third and closely related idea conceives of law as the recorded wisdom of the wise men of old who had learned the safe course or the divinely approved course for human conduct. 6r THE END OF LAW When a traditional custom of decision and custom of action has been reduced to writing in a primitive code it is likely to be thought of in this way, and Demosthenes in the fourth century B.

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An Introduction to the Philosophy of Law by Roscoe Pound


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