By Roscoe Pound

This criminal consultant is a written model of lectures introduced earlier than the legislation university of Yale collage as Storrs Lectures within the university 12 months 1921-1922.

Show description

Read Online or Download An Introduction to the Philosophy of Law PDF

Best legal theory & systems books

New PDF release: Philosophical Foundations of the Law of Unjust Enrichment

This quantity takes inventory of the speedy adjustments to the legislation of unjust enrichment over the past decade. It deals a collection of unique contributions from top deepest legislations theorists analyzing the philosophical foundations of the legislation. The essays reflect on the relevant questions raised by way of demarcating unjust enrichment as a separate region of personal legislations - together with how its normative foundations relate to these of different parts of personal legislation, how the concept that of enrichment pertains to estate concept, how the treatment of restitution pertains to ideas of corrective justice and what position psychological parts should still play in shaping the legislations.

Download PDF by Paul Schiff Berman: Global Legal Pluralism: A Jurisprudence of Law beyond

We are living in a global of criminal pluralism, the place a unmarried act or actor is very likely regulated via a number of criminal or quasi-legal regimes imposed through kingdom, substate, transnational, supranational, and nonstate groups. Navigating those spheres of advanced overlapping criminal authority is complicated, and we can't count on territorial borders to resolve these types of difficulties simply because human job and felony norms unavoidably movement throughout such borders.

Marriage Markets: How Inequality is Remaking the American - download pdf or read online

There has been a time while the word "American kin" conjured up a unmarried, particular picture: a breadwinner dad, a homemaker mother, and their 2. five children residing cozy lives in a middle-class suburb. this present day, that picture has been shattered, due partially to skyrocketing divorce charges, unmarried parenthood, and elevated out-of-wedlock births.

Get Gender, Sexualities and Law PDF

Bringing jointly a global diversity of lecturers, Gender, Sexualities and legislations presents a entire interrogation of the diversity of up to date issues – either topical and controversial – raised by means of the gendered personality of legislation, criminal discourse and associations. The gendering of legislations, individuals and the felony career, in addition to the gender bias of felony results, has been a fractious, yet fertile, concentration of mirrored image.

Extra info for An Introduction to the Philosophy of Law

Example text

In the language of the eighteenth century, our courts sought to make our positive law, and in particular our legislation, express the nature of American political institutions; they sought so to shape it and restrain it as to make it give effect to an ideal of our polity. way to a metaphysical-historical theory worked out in Continental Europe. Natural rights were deductions from a fundamental metaphysically demonstrable datum of individual free will, and natural law was an ideal critique of positive law whereby to secure these rights in their integrity.

Again the convenient ambiguity of ius, which could mean not only right and law but "a right," was pressed into service and ius naturale gave us natural rights. The ultimate thing was not natural law as before, not merely principles of eternal validity, but natural rights, certain qualities inherent in man and demonstrated by reason, which natural law exists to secure and to which positive law ought to give effect. Later these natural rights came to be the bane of juristic thinking. Yet they achieved great things in their day.

And this convenient ambiguity, lending itself to identification of what ought to be and what is, gave a scientific foundationlorthe belief of the jurisconsults that when and where they were not bound by positive law they had but to expound the reason and justice of the thing in order to lay down the law. It must be borne in mind that "nature" did not mean to antiquity what it means to us who are under the influence of the idea of evolution. To the Greek, it has been said, the natural apple was not the wild one from which our cultivated apple has been grown, but rather the golden apple of the Hesperides.

Download PDF sample

An Introduction to the Philosophy of Law by Roscoe Pound

by Robert

Rated 4.89 of 5 – based on 15 votes