The Spirit of the Common Law Roscoe Pound 9781230402055 Books
Download As PDF : The Spirit of the Common Law Roscoe Pound 9781230402055 Books
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt ... II PURITANISM AND THE LAW LEGAL history, as we now know it, began to be written after Savigny and so after Hegel. 'Hence the "great-man interpretation" of history which was superseded by Hegel's idealistic interpretation, has never played much part in the literature of law. The attributing of ancient "codes" to gods or to divinely inspired sages or the Greek and Roman practice of attributing a whole body of legal and political institutions to some one lawgiver are another matter. They represent an attempt to put symbolically the sacredness of the law or the antiquity and authority of the custom on which the general security rests, and their place is taken in modern times by an idea that our traditionally received body of law is based upon an eternal intrinsic reasonableness. Yet something might be said for a greatlawyer interpretation of legal history. One might attribute progress in legal institutions and the development of legal doctrines to the influence and the genius of leaders among juristic writers, judges and practising lawyers. Lord Campbell thought the lives of the Chancellors and of the Chief Justices might be made to tell the history of the English constitution and the history of English law. Not long ago a writer sought to give us the spirit of the classical Roman law through a study of the life and charac 32 ter of Papinian. Undoubtedly the great lawyer has not been the least factor in legal history. Roman law without Papinian and Ulpian and Paul, the civil law of the modern world without Bartolus, international law without Grotius, French law without Pothier, German law without Savigny, the common law without Coke, or American constitutional law without Marshall, are almost unthinkable. But it may be that lawyers are...
The Spirit of the Common Law Roscoe Pound 9781230402055 Books
Roscoe Pound was Carter Professor of Jurisprudence at Harvard University in the first half of the twentieth century. This text, derived from a series of lectures given in the 1910s, has held up over time (its initial publication was in 1921, and has been reissued periodically ever since) as a touchstone of historical and theoretical explorations of what common law is and how it operates, both in the British and American contexts.Unlike constitutional law and other kinds of codified law from legislative bodies, the common law is more of a development from the masses, at least insofar as it connects with the judicial aspects of government which in turn recognises certain things as legal or illegal. Indeed, Pound sees the triumph of the idea of the supremacy of law over authority to be a victory of the spirit of the common law (specifically, he refers to the supremacy of the law over the Stuart monarchs in Britain, but also that common law practice has survived Renaissance, Reformation and the institution of Roman law).
Pound looks at the common law in different phases - feudal underpinnings, Puritan influences, relationship between judiciary and the Crown/executive authority, philosophers such as Locke, and growing judicial practice in the trans-Atlantic context during the nineteenth and early twentieth centuries.
Pound does have a distaste of law for law's sake, and warns against attitudes that are 'a natural result of measuring the law solely by standards drawn from the law itself.' He is strongly concerned with the idea that the law be accessible to all, regardless of background, education, or ability to pay - there should not be one law for the rich and another for the poor.
Law is for the betterment of society, and the spirit of the common law has this at heart, according to Pound. This text of Pound's, an enduring favourite, is a good exposition of how and why the law is important for a well-regulated society, and how the spirit of the common law needs to be cherished, preserved and strengthened by the legal profession for the sake of whole community.
Product details
|
Tags : The Spirit of the Common Law [Roscoe Pound] on Amazon.com. *FREE* shipping on qualifying offers. This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... II PURITANISM AND THE LAW LEGAL history,Roscoe Pound,The Spirit of the Common Law,TheClassics.us,1230402055,General,History,History - General History,History General,History: World & General
People also read other books :
- Perfectly Incorrect Why The Common Core Is Psychologically And Cognitively Unsound eBook Terry Marselle
- The Quadity Jacob I Pfeiffer 9780692818305 Books
- The Search For My Inner "I" Joseph W Macy 9781483679297 Books
- Perfectly Incorrect Why The Common Core Is Psychologically And Cognitively Unsound eBook Terry Marselle
- Perfectly Incorrect Why The Common Core Is Psychologically And Cognitively Unsound eBook Terry Marselle
The Spirit of the Common Law Roscoe Pound 9781230402055 Books Reviews
This is not a criticism of Roscoe Pound's work but of the commercial packaging by Nabu Press. It is hard to say what is more offensive Nabu Press' assertion that books from before 1928 necessarily contain typographical flaws (when the poor appearance of the text has a lot more to do with Nabu's reproduction techniques than the original printing), or its attempt to profit from work for which the copyright has expired and that rightfully belongs to the public. This product is available for free online and self-printing would likely be much less expensive than buying this copy. [...]
Roscoe Pound was Carter Professor of Jurisprudence at Harvard University in the first half of the twentieth century. This text, derived from a series of lectures given in the 1910s, has held up over time (its initial publication was in 1921, and has been reissued periodically ever since) as a touchstone of historical and theoretical explorations of what common law is and how it operates, both in the British and American contexts.
Unlike constitutional law and other kinds of codified law from legislative bodies, the common law is more of a development from the masses, at least insofar as it connects with the judicial aspects of government which in turn recognises certain things as legal or illegal. Indeed, Pound sees the triumph of the idea of the supremacy of law over authority to be a victory of the spirit of the common law (specifically, he refers to the supremacy of the law over the Stuart monarchs in Britain, but also that common law practice has survived Renaissance, Reformation and the institution of Roman law).
Pound looks at the common law in different phases - feudal underpinnings, Puritan influences, relationship between judiciary and the Crown/executive authority, philosophers such as Locke, and growing judicial practice in the trans-Atlantic context during the nineteenth and early twentieth centuries.
Pound does have a distaste of law for law's sake, and warns against attitudes that are 'a natural result of measuring the law solely by standards drawn from the law itself.' He is strongly concerned with the idea that the law be accessible to all, regardless of background, education, or ability to pay - there should not be one law for the rich and another for the poor.
Law is for the betterment of society, and the spirit of the common law has this at heart, according to Pound. This text of Pound's, an enduring favourite, is a good exposition of how and why the law is important for a well-regulated society, and how the spirit of the common law needs to be cherished, preserved and strengthened by the legal profession for the sake of whole community.
0 Response to "[6B6]⋙ PDF The Spirit of the Common Law Roscoe Pound 9781230402055 Books"
Post a Comment