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An Introduction to the Philosophy of Law by Roscoe Pound

By Roscoe Pound

This felony advisor is a written model of lectures brought sooner than the legislations university of Yale collage as Storrs Lectures within the institution yr 1921-1922.

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While as an ideal they identified law with morals, they did not cease to observe the strict law where it was applicable nor to develop its precepts by analogy according to the known traditional technique when new phases of old questions came before them. Hence what to the Greeks was a distinction between right by nature and right by convention or enactment became to them a distinction between law by nature and law by custom or legislation. The Latin equivalent of το δίκαιον (the right or the just) became their word for law.

Second Printing, December, 1924. Third Printing, May, 1925. Fourth Printing, April, 1930. TO JOSEPH HENRY BEALE IN GRATEFUL ACKNOWLEDGMENT OF MANY OBLIGATIONS 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. 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.

Whenever we find a body of primitive law possessed as a class tradition by a political oligarchy it is likely to be thought of in this way just as a body of like tradition in the custody of a priesthood is certain to be thought of as divinely revealed. A third and closely related idea conceives of law as the recorded wisdom of the wise men of old who had learned the safe course or the divinely approved course for human conduct. When a traditional custom of decision and custom of action has been reduced to writing in a primitive code it is likely to be thought of in this way, and Demosthenes in the fourth century B.

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