By Roscoe Pound
This felony advisor is a written model of lectures brought earlier than the legislations tuition of Yale college as Storrs Lectures within the university 12 months 1921-1922.
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Additional resources for An Introduction to the Philosophy of Law
Thus each national jurist might work out his own interpretation of natural law by dint of his own reason, as each Christian might interpret the word of God for himself as his own reason and conscience showed the way. On the other hand, the Cath~lic jurists of the Counter-Reformation found a philosophical basis for satisfying these same desires in a conception of. natural law as a sys39 FUNCTION OF LEGAL pmLOSOPHY te~ of limitations on human action expressing the nature of man, that is, the ideal of man as a rational creature, and of positive law as an ideal system expressing the nature of a unified state.
But in fact it held such a theory and held it strongly. As ideas of what law is for are so largely im- plicit in ideas of what law is, a brief survey of ideas of the nature of law from this standpointwill be useful. No less than twelve conceptions of what law is may be distinguished. First, we may put the idea of a divinely ordained rule or set of rules for human action, as for example, the Mosaic law, or Hammurapi's code, handed him ready-made by the sun god, or Manu, dictated to the sages by Manu's son Bhrigu in Manu's presence and by his direction.
It was not that natural law expressed the nature of man. Ione form of this variant was due to our doctrine that the common law of England was in force only so far as applicable to our conditions and our institutions. :JButyesterday the Supreme Court of one of our states laid down dogmatically that primogeniture in estates tail (which by the way is still possible in one of the oldest of the original states) could not co-exist with "the axioms of the constitution" which guarantees to each state a republican form of government:~More generally, however, the American variant of natural law grew out of an attempt at philosophical ..
An Introduction to the Philosophy of Law by Roscoe Pound