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The Spirit of the Common Law (Hardcover)
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The Spirit of the Common Law (Hardcover)
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The Spirit of the Common Law is one of Roscoe Pound's most notable
works. It contains the brilliant lectures he delivered at Dartmouth
College in the summer of 1921. It is a seminal book embodying the
spiritual essence of sociological jurisprudence by its leading
prophet. This work is both a celebration of the common law and a
warning for common law judges and lawyers to return to and embrace
the pragmatism and judicial empiricism that define and energize the
common law. The two fundamental doctrines of the common law, Pound
writes, are the doctrine of precedents and the doctrine of
supremacy of law.In an earlier preface, Justice Arthur J. Goldberg
writes that The Spirit of the Common Law will always be treasured
by judges and lawyers for its philosophy and history, but more
importantly for Roscoe Pound's optimism and faith in the capacity
of law to keep up with the times without sacrificing fundamental
values. It is a faith built upon the conviction that the present is
not to be divorced from the past, but rather that the past and the
present are to be built upon to make a better future. Neil Hamilton
and Mathias Alfred Jaren provide a biographical introduction to the
book. They discuss the various influences upon Pound's scholarly
pursuits and they analyze many of his writings that led up to The
Spirit of the Common Law. This volume is a necessary addition to
the libraries of legal scholars and professionals, sociologists,
and philosophers.
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