Download or read book The Spirit of the Common Law 1921 written by Roscoe Pound and published by Literary Licensing, LLC. This book was released on 2014-08-07 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Is A New Release Of The Original 1921 Edition.
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 1921 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by Createspace Independent Publishing Platform. This book was released on 2015-10-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tenacity of the common law is first noted. After celebrating its triumphs and its ascendency over all forms of law with which it has come into contact, Mr. Pound says, "Superficially, then, the triumph of the common law seems assured." But he fears that there are dangers to be met; the first is that of legislation, and he cites Maitland and Brunner as sounding the cry of danger from over-legislation. He does not think their fears, from this cause, well founded, however, but the danger he foresees is a new one. The people have in all times in the past been with the common law; now they are against it. Recent decisions uphold the freedom of the individual to contract; deny the rights of the people to "stand between a portion of our people and oppression." He cites decision after decision to substantiate this statement, and he succeeds. But the cases he cites are all cases in which the lines are drawn with great distinctness between labor and capital. Is this not where the trouble lies? Is it the common law which is against the people, or is it that the courts for a time inevitably interpret the sentiments of the class from which the judges are drawn? To say "by which the judges are influenced," might be too severe. The people were with the common law because the common law was with the people, and the common law has not changed. It has been contended, and with ability, that in the common law we have a weapon with which to defend every right of the people which has of late years been assailed. Mr. Pound himself asks, "What is the spirit of the common law?" And he finds it to be, in effect, the spirit of the people, and that it has within itself the means of bringing it in touch with the spirit of the people. He finds the weapon at hand to be the police power. If the police power were not at hand, there would be some other weapon. For the common law is the breath of the people, and while they live and breathe the common law will survive. It seems not so much the protection of individual rights, as Mr. Pound contends, that is so securely safe-guarded to-day, as the sacred rights of property; it is the subordination of the individual, singly and collectively, to the accumulated power of property, against which the people revolt. When the courts remember, what they temporarily seem to have forgotten, that laws were made first for the protection of the individual, secondly for the protection of property; that a man or a collection of men have supreme rights, and that the property they own has only secondary rights, the people will have come to their own again, and the spirit of the common law will once more be one with that of the people. -University of Pennsylvania Law Review, Vol. 54 [1906]
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 2008 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by Routledge. This book was released on 2018-04-24 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law.In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.
Download or read book The American Common Law Method written by Richard Cappalli and published by BRILL. This book was released on 2023-07-24 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Download or read book The Common Law Tradition written by Karl N. Llewellyn and published by Quid Pro Books. This book was released on 2016-05-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by . This book was released on 1922 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Download or read book The Common Law written by Oliver Wendell Holmes and published by Legare Street Press. This book was released on 2022-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Book Bulletin written by and published by . This book was released on 1920 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Among Our Books written by Carnegie Library of Pittsburgh and published by . This book was released on 1923 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Common Law in India written by Motilal Chimanlal Setalvad and published by . This book was released on 1970 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Books of 1912 written by Chicago Public Library and published by . This book was released on 1923 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Monthly Bulletin written by St. Louis Public Library and published by . This book was released on 1921 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Teachers' bulletin", vol. 4- issued as part of v. 23, no. 9-
Download or read book Monthly Bulletin New Series written by St. Louis Public Library and published by . This book was released on 1920 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:
