First published in 1909 and then again in 1997. John Chipman Gray
(1839-1915) spent the greater part of his professional life as a
professor at Harvard Law School where he taught property, trusts
and future interests. The Nature and Sources of the Law was first
published in 1909. The book is divided into two parts which
respectively look at 'Nature' and 'Sources'. In Part I, Gray warns
that the study of jurisprudence, in isolation, could lead to
dogmatism. Rather he advocates the structure offered by common law
with its reliance on flexible interpretations of statutes, the use
of all relevant cultural inputs and a highly adaptable approach to
the resolution of disputes. Gray, in Part II, turns his attention
to sources of the law and begins with statutes. Here he asserts
that judges are the ones who actually turn into law, going against
the conventional scholarship that judges merely interprets
statutes. He also extensively examines the influence of tradition
and the common law.
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