법철학서설.An Introduction to the Philosophy of Law by Roscoe Pound

Roscoe Pound 지음

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법철학서설.An Introduction to the Philosophy of Law by Roscoe Pound
AN INTRODUCTION TO THE
PHILOSOPHY OF LAW
THE ADDRESSES CONTAINED IN THIS BOOK WERE
DELIVERED IN THE WILLIAM L. STORRS
LECTURE SERIES, 1921, BEFORE THE
LAW SCHOOL OF YALE UNIVERSITY,
NEW HAVEN, CONNECTICUT
Preface
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.
A metaphysician who had written on the secret of Hegel
was congratulated upon his success in keeping the secret.
One who essays an introduction to the philosophy of law
may easily achieve a like success. His hearers are not
unlikely to find that he has presented not one subject but
two, presupposing a knowledge of one and giving them but
scant acquaintance with the other. If he is a philosopher,
he is not unlikely to have tried a highly organized
philosophical apparatus upon those fragments of law that
lie upon the surface of the legal order, or upon the law as
seen through the spectacles of some jurist who had
interpreted it in terms of a wholly different philosophical
system. Looking at the[ Pg 10] list of authorities relied upon
in Spencer's Justice, and noting that his historical legal
data were taken from Maine's Ancient Law and thus came
shaped by the political- idealistic interpretation of the
English historical school, it is not difficult to perceive why
positivist and Hegelian came to the same juristic results by
radically different methods. On the other hand, if he is a
lawyer, he will very likely have been able to do no more
than attempt none too intelligently to work with the
complicated and delicate engines of others upon the
toughest and most resistant of legal materials. Until some
Anglo- American jurist arises with the universal equipment
of Josef Kohler the results of common- law incursions into
philosophy will resemble the effort of the editorial writer
who wrote upon Chinese Metaphysics after reading in the
Encyclopædia Britannica under China and Metaphysics and
combining his information. Yet such incursions there must
be. Philosophy has been a powerful instrument in the legal
armory and the times are ripe for restoring it to its old place
therein. At[ Pg 11] least one may show what philosophy has
done for some of the chief problems of the science of law,
what stands before us to be done in some of the more
conspicuous problems of that science today in which
philosophy may help us, and how it is possible to look at
those problems philosophically without treating them in
terms of the eighteenth- century natural law or the
nineteenth- century metaphysical jurisprudence which stand
for philosophy in the general understanding of lawyers.
ROSCOE POUND.
Harvard Law School,
October 25, 1921.

목차

법철학서설.An Introduction to the Philosophy of Law by Roscoe Pound
Contents
I. The Function of Legal Philosophy 15
II. The End of Law 59
III. The Application of Law 100
IV. Liability 144
V. Property 191
VI. Contract 236
Bibliography 285
Index 309

책 속으로

법철학서설.An Introduction to the Philosophy of Law by Roscoe Pound
AN INTRODUCTION TO THE
PHILOSOPHY OF LAW
THE ADDRESSES CONTAINED IN THIS BOOK WERE
DELIVERED IN THE WILLIAM L. STORRS
LECTURE SERIES, 1921, BEFORE THE
LAW SCHOOL OF YALE UNIVERSITY,
NEW HAVEN, CONNECTICUT
Preface
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.
A metaphysician who had written on the secret of Hegel
was congratulated upon his success in keeping the secret.
One who essays an introduction to the philosophy of law
may easily achieve a like success. His hearers are not
unlikely to find that he has presented not one subject but
two, presupposing a knowledge of one and giving them but
scant acquaintance with the other. If he is a philosopher,
he is not unlikely to have tried a highly organized
philosophical apparatus upon those fragments of law that
lie upon the surface of the legal order, or upon the law as
seen through the spectacles of some jurist who had
interpreted it in terms of a wholly different philosophical
system. Looking at the[ Pg 10] list of authorities relied upon
in Spencer's Justice, and noting that his historical legal
data were taken from Maine's Ancient Law and thus came
shaped by the political- idealistic interpretation of the
English historical school, it is not difficult to perceive why
positivist and Hegelian came to the same juristic results by
radically different methods. On the other hand, if he is a
lawyer, he will very likely have been able to do no more
than attempt none too intelligently to work with the
complicated and delicate engines of others upon the
toughest and most resistant of legal materials. Until some
Anglo- American jurist arises with the universal equipment
of Josef Kohler the results of common- law incursions into
philosophy will resemble the effort of the editorial writer
who wrote upon Chinese Metaphysics after reading in the
Encyclopædia Britannica under China and Metaphysics and
combining his information. Yet such incursions there must
be. Philosophy has been a powerful instrument in the legal
armory and the times are ripe for restoring it to its old place
therein. At[ Pg 11] least one may show what philosophy has
done for some of the chief problems of the science of law,
what stands before us to be done in some of the more
conspicuous problems of that science today in which
philosophy may help us, and how it is possible to look at
those problems philosophically without treating them in
terms of the eighteenth- century natural law or the
nineteenth- century metaphysical jurisprudence which stand
for philosophy in the general understanding of lawyers.
ROSCOE POUND.
Harvard Law School,
October 25, 1921.

출판사 서평

법철학서설.An Introduction to the Philosophy of Law by Roscoe Pound
AN INTRODUCTION TO THE
PHILOSOPHY OF LAW
THE ADDRESSES CONTAINED IN THIS BOOK WERE
DELIVERED IN THE WILLIAM L. STORRS
LECTURE SERIES, 1921, BEFORE THE
LAW SCHOOL OF YALE UNIVERSITY,
NEW HAVEN, CONNECTICUT
Preface
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.
A metaphysician who had written on the secret of Hegel
was congratulated upon his success in keeping the secret.
One who essays an introduction to the philosophy of law
may easily achieve a like success. His hearers are not
unlikely to find that he has presented not one subject but
two, presupposing a knowledge of one and giving them but
scant acquaintance with the other. If he is a philosopher,
he is not unlikely to have tried a highly organized
philosophical apparatus upon those fragments of law that
lie upon the surface of the legal order, or upon the law as
seen through the spectacles of some jurist who had
interpreted it in terms of a wholly different philosophical
system. Looking at the[ Pg 10] list of authorities relied upon
in Spencer's Justice, and noting that his historical legal
data were taken from Maine's Ancient Law and thus came
shaped by the political- idealistic interpretation of the
English historical school, it is not difficult to perceive why
positivist and Hegelian came to the same juristic results by
radically different methods. On the other hand, if he is a
lawyer, he will very likely have been able to do no more
than attempt none too intelligently to work with the
complicated and delicate engines of others upon the
toughest and most resistant of legal materials. Until some
Anglo- American jurist arises with the universal equipment
of Josef Kohler the results of common- law incursions into
philosophy will resemble the effort of the editorial writer
who wrote upon Chinese Metaphysics after reading in the
Encyclopædia Britannica under China and Metaphysics and
combining his information. Yet such incursions there must
be. Philosophy has been a powerful instrument in the legal
armory and the times are ripe for restoring it to its old place
therein. At[ Pg 11] least one may show what philosophy has
done for some of the chief problems of the science of law,
what stands before us to be done in some of the more
conspicuous problems of that science today in which
philosophy may help us, and how it is possible to look at
those problems philosophically without treating them in
terms of the eighteenth- century natural law or the
nineteenth- century metaphysical jurisprudence which stand
for philosophy in the general understanding of lawyers.
ROSCOE POUND.
Harvard Law School,
October 25, 1921.

작가정보

저자(글) Roscoe Pound

The present volume is the second work published under the
imprint of the Yale University Press in memory of Arthur P.
McKinstry, who died in New York City, July 21, 1921. Born
in Winnebago City, Minnesota, on December 22, 1881, he
was graduated from Yale College in 1905, and in 1907
received the degree of LL.B. magna cum laude from the
Yale Law School, graduating at the head of his class.
Throughout his career at Yale he was noted both for his
scholarship and for his active interest in debating, which
won for him first the presidency of the Freshman Union and
subsequently the presidency of the Yale Union. He was
also Class Orator in 1905, and vice- president of the Yale
Chapter of Phi Beta Kappa.
Following his graduation from the School of Law he entered
upon the practice of his profession in New York City and
early met with the success anticipated for him by his
friends,―his firm, of which he was the senior member,
being recognized at the time of his death as among the
most prominent of the younger firms in the city. He was
counsel for the Post- Graduate Hospital of New York, the
Heckscher Foundation for Children, of which he was also a
trustee, and from 1912 to 1914 served as associate
counsel to the Agency of the United States in the American
and British Claims Arbitration. By his untimely death the bar
of the City of New York lost a lawyer outstanding for his
ability, common sense, conscientiousness, and high sense
of justice; and Yale University lost an alumnus of whom she
was proud, who gave freely of his time and thought to his
class of 1905, to the development of the Yale School of
Law, and to the upbuilding of the Yale University Press,
which he served as counsel.