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Roscoe Pound

An Introduction to the Philosophy of Law

    Gulshan Jabihas quoted4 years ago
    We know Greek law from the beginnings of a legal order as pictured in the Homeric poems to the developed commercial institutions of the Hellenistic period.
    Gulshan Jabihas quoted5 years ago
    Two needs have determined philosophical thinking about law. On the one hand, the paramount social interest in the general security, which as an interest in peace and order dictated the very beginnings of law, has led men to seek some fixed basis of a certain ordering of human action which should restrain magisterial as well as individual wilfulness and assure a firm and stable social order. On the other hand, the pressure of less immediate social interests, and the need of reconciling them with the exigencies of the general security, and of making continual new compromises because of continual changes in society, has called ever for readjustment at least of the details of the social order. It has called continually for overhauling of legal precepts and for refitting of them to unexpected situations. And this has led men to seek principles of legal development by which to escape from authoritative rules which they feared or did not know how to reject, but could no longer apply to advantage. These principles of change and growth, however, might easily prove inimical to the general security, and it was important to reconcile or unify them with the idea of a fixed basis of the legal order.
    Gulshan Jabihas quoted5 years ago
    the philosophy of law has taken a leading rôle in all study of human institutions.
    Gulshan Jabihas quoted5 years ago
    This book is a written version of lectures delivered before the Law School of Yale University as Storrs Lectures in the school year 1921-1922.
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