Roscoe Pound, former dean of Harvard Law School, delivered a series
of lectures at the University of Calcutta in 1948. In these
lectures, he criticized virtually every modern mode of interpreting
the law because he believed the administration of justice had lost
its grounding and recourse to enduring ideals. Now published in the
U.S. for the first time, Pound's lectures are collected in Liberty
Fund's "The Ideal Element in Law," Pound's most important
contribution to the relationship between law and liberty. "The
Ideal Element in Law" was a radical book for its time and is just
as meaningful today as when Pound's lectures were first delivered.
Pound's view of the welfare state as a means of expanding
government power over the individual speaks to the front-page
issues of the new millennium as clearly as it did to America in the
mid-twentieth century. Pound argues that the theme of justice
grounded in enduring ideals is critical for America. He views
American courts as relying on sociological theories, political
ends, or other objectives, and in so doing, divorcing the practice
of law from the rule of law and the rule of law from the enduring
ideal of law itself. Roscoe Pound is universally recognized as one
of the most important legal minds of the early twentieth century.
Considered by many to be the dean of American jurisprudence, Pound
was a former Justice of the Supreme Court of Nebraska and served as
dean of Harvard Law School from 1916 to 1936.
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