An Introduction to the Philosophy of LawPound, Roscoe
Philosophy
An Introduction to the Philosophy of Law
Pound, Roscoe
Law -- Philosophy
a trust for the state." In modern times, however, a periodical
redistribution, as in antiquity, is economically inadmissible. Yet if
anyone's holdings were to exceed the bounds of reason, "the
legislature would undoubtedly interfere on behalf of society and
prevent the wrong which would be done by caricaturing an abstract
right." In view of our bills of rights, an American Hegelian could not
invoke the _deus ex machina_ of an Act of Parliament so conveniently.
Perhaps he would fall back on graduated taxation and inheritance
taxes. But does not Miller when hard pressed resort to something very
like social-utilitarianism?
Lorimer connects the metaphysical theory with theories resting on
human nature. To begin with, he deduces the whole system of property
from a fundamental proposition that "the right to be and to continue
to be implies a right to the conditions of existence." Accordingly he
says that the idea of property is inseparably connected "not only with
the life of man but with organic existence in general"; that "life
confers rights to its exercise corresponding in extent to the powers
of which it consists." When, however, this is applied in explaining
the basis of the present proprietary system in all its details resort
must be had to a type of artificial reasoning similar to that employed
by the jurists of the seventeenth and eighteenth centuries. The
abstract idea of ownership is not the only thing the legal philosopher
has to consider. Moreover the reasoning by which that application is
made may not be reconciled with the arguments by which the doctrine
of _res extra commercium_ is regarded also as a bit of natural law.
Public-domain text, read in full here on John Shaqi.
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