Download An Introduction to the Philosophy of Law by Roscoe Pound PDF

By Roscoe Pound

This felony advisor is a written model of lectures added ahead of the legislation college of Yale collage as Storrs Lectures within the college 12 months 1921-1922.

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2 There, you will find a kindred tone of voice and the same longing for candour and clarity, which Jenifer Hart and HLA Hart shared as members of an English intelligentsia in the 1950s, when the English did not really think of themselves as having an intelligentsia. It was a different era, and in the sound of that era, the book is dated. But in the truths it states about the nature of law, it is not dated. 3 If you read the book you will find an elucidation of the nature of law, offered to you by a person who is striving for clarity.

Sometimes, lawmakers come out and express the general application of a rule both to a class of persons, and to a class of actions. 7 Of course, there are legally valid orders that are particular as to the conduct required, or as to the person to whom the order applies – an order that a defendant must pay damages in a specified amount, or a sentence of imprisonment against a particular person for an offence, or an anti-social behaviour order addressed to a particular person, prohibiting a class of conduct.

Like chairs, they can be badly made, and they can be put to bad purposes. And a community needs more than just a legal system. But here is a connection between law and morality: in order to accomplish the morally good purposes for which a legal system might be adopted and established and sustained, it is necessary (for example) to make general rules. A legal system needs to offer the modes of generality that the community needs for its governance. Here is Hart again, making his first point about the generality of law: A policeman orders a particular motorist to stop or a particular beggar to move on.

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