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Download e-book for iPad: An Introduction to the Philosophy of Law by Roscoe Pound

By Roscoe Pound

This criminal advisor is a written model of lectures introduced earlier than the legislation university of Yale collage as Storrs Lectures within the college yr 1921-1922.

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Sample text

Edi~tepast, which arose to save us from taking in more from without while what had been taken already remained undigested, will serve no longer; and to see that the 57 FUNCTION OF LEGAL PHILOSOPHY jurist of tomorrow will stand in need of some new philosophical theory of law, will call for some new philosophical conception of the end of law and at the same time will want some new steadying philosophical conception to safeguard the general security, in order to make the law which we hand down to him achieve justice in his time and place.

Thus it served as a needed check upon the exuberance of growth stimulated by the theory of natural law. It kept a certain needed rigidity in a time when law threatened to become wholly fluid. And this steadying influence was strengthened from another quarter. The Roman jurisconsult was teacher, philosopher and practitioner in one. As a lawyer he had the exigencies of the general security ever before him in that he felt the imperative need of being able to advise with assurance what tribunals would do on a given state of facts.

Likewise law had been codifying on the Continent. the nineteenth and systematizing Down to the end of century the codes, whatever their 47 FUNCTION OF LEGAL PHILOSOPHY date, in reality speak. from the end of the eighteenth century and with few exceptions are all but copies of the French code of 1804. , Where codes obtained, analytical development and dogmatic exposition of the text, as a complete and final statement of the law, was to occupy jurists exclusively for the next hundred years. 'N/e may well think of -this time, as it thought of itself, as a period of maturity of law/ The law was taken to be complete and self-sufficient, without antinomies and without gaps, wanting only arrangement, logical development of the implications of its several rules and conceptions, and systematic exposition of its several parts.

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