An Introduction to the Philosophy of LawPound, Roscoe
Philosophy
An Introduction to the Philosophy of Law
Pound, Roscoe
Law -- Philosophy
Glossators and commentators had made or shaped the law out of Roman
materials for a static, locally self-sufficient, other-worldly
society, revering authority because authority had saved it from what
it feared, regarding chiefly the security of social institutions and
negligent of the individual life because in its polity the individual
lived his highest life in the life of another whose greatness was the
greatness of those who served him. In the seventeenth and eighteenth
centuries jurists were required to make or shape a law out of these
medievalized Roman materials to satisfy the wants of an active and
shifting, locally interdependent, this-worldly society, impatient of
authority because authority stood in the way of what it desired, and
jealously individualist, since it took free individual self-assertion
to be the highest good. In England the strict law made for feudal
England out of Germanic materials, sometimes superficially Romanized,
was likewise to be made over to do the work of administering justice
to a new world. A period of legal development resulted which is
strikingly analogous to the classical period of Roman law. Once more
philosophy took the helm. Once more there was an infusion into law of
ideas from without the law. Once more law and morals were identified
in juristic thinking. Once more men held as a living tenet that all
positive law was declaratory of natural law and got its real authority
from the rules of natural law which it declared. Once more juridical
idealism led the jurist to survey every corner of the actual law,
measuring its rules by reason and shaping, extending, restricting or
building anew in order that the actual legal edifice might be a
faithful copy of the ideal.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account