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The Spirit of the Common Law (Paperback)
Loot Price: R1,593
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The Spirit of the Common Law (Paperback)
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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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