An Introduction to the Philosophy of Law — John Shaqi
An Introduction to the Philosophy of LawPound, Roscoe
Philosophy
An Introduction to the Philosophy of Law
Pound, Roscoe
Law -- Philosophy
Digression is worth while in order to note that each of the foregoing
theories of law was in the first instance an attempt at a rational
explanation of the law of the time and place or of some striking
element therein. Thus, when the law has been growing through juristic
activity, a philosophical theory of law, as declaratory of
philosophically ascertainable principles, has obtained. When and where
the growing point of law has been in legislation, a political theory
of law as the command of the sovereign has prevailed. When the law has
been assimilating the results of a prior period of growth, a
historical theory of law as something found by experience, or a
metaphysical theory of law as an idea of right or of liberty realizing
in social and legal development, has tended to be dominant. For
jurists and philosophers do not make these theories as simple matters
of logic by inexorable development of philosophical fundamentals.
Having something to explain or to expound, they endeavor to understand
it and to state it rationally and in so doing work out a theory of
what it is. The theory necessarily reflects the institution which it
was devised to rationalize, even though stated universally. It is an
attempt to state the law, or the legal institution of the time and
place in universal terms. Its real utility is likely to be in its
enabling us to understand that body of law or that institution and to
perceive what the men of the time were seeking to do with them or to
make of them. Accordingly analysis of these theories is one way of
getting at the ends for which men have been striving through the legal
order.
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