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Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
Unlike some other reproductions of classic texts (1) We have not
used OCR(Optical Character Recognition), as this leads to bad
quality books with introduced typos. (2) In books where there are
images such as portraits, maps, sketches etc We have endeavoured to
keep the quality of these images, so they represent accurately the
original artefact. Although occasionally there may be certain
imperfections with these old texts, we feel they deserve to be made
available for future generations to enjoy.
New Paths Dissects the Legal Trends of Late 1940s Notable for their
conservatism, which became more pronounced in subsequent
publications, these lectures reflect on developments in the
international legal order during the late 1940s. Pound detected
three legal "paths" those of liberty, humanitarianism and
authoritarianism. The first, which he endorses, seeks to realize a
maximum of free individual self assertion. Legal humanitarianism,
which he criticizes heavily, is the expansion of injury law to
include social redress and consumer protection. His antipathy
toward the authoritarian path goes beyond a condemnation of
authoritarian regimes like the Soviet Union to a rejection of any
form of social legislation, such as socialized medicine or
state-run pensions. These lectures were delivered at the University
of Nebraska (where Pound had been dean of the College of Law from
1902-1907) and marked the establishment of the Roscoe Pound
Lectureship Series. "This book, . . . by its very thinness may
succeed in luring attention away from competing attractions, since
here one may, with the expenditure of only a little time, obtain
the reaction of one of the giants of jurisprudence to our confused,
complex and turbulent modern legal scene." --North Carolina Review
93 (1950-1951) 29 Roscoe Pound 1870-1964] was a pre-eminent legal
educator, scholar and prolific author. A professor at Harvard Law
School for most of his career, and its dean from 1916-1936, he
taught throughout the world in his later years. His five volume
Jurisprudence (1959) is considered one of the most important
contributions to the world's legal literature of the twentieth
century.
The television sponsor has become semi-mythical. He is remote and
unseen, but omnipresent. Dramas, football games, and press
conferences pause for a "word" from him. He "makes possible"
concerts and public affairs broadcasts. His "underwriting grants"
brings the viewer music festivals and classic films. Interviews
with visiting statesmen are interrupted for him, to continue "in a
moment." Sponsorship is basic to American television. Even
noncommercial television looks to it for survival. A vast industry
has grown up around the needs and wishes of sponsors. Television's
program formulas, business practices, and ratings have all evolved
in ways to satisfy sponsor requirements. Indeed, he has become a
potentate of our time. The Sponsor is divided into three parts. In
"Rise," Barnouw sketches the rise of the sponsor, in both radio and
television, to his present state of eminence. In "Domain," the
sponsor's pervasive impact on television programming is examined,
with an emphasis on network television, the primary arena of the
industry. And in "Prospect," Barnouw assesses what such dominance
has meant for American society, mores, and institutions--and what
it may mean for our future. This is a gripping volume about power,
how it not only influences programming itself, but how it defines
for the average person what is good, great, and desirable.
The television sponsor has become semi-mythical. He is remote and
unseen, but omnipresent. Dramas, football games, and press
conferences pause for a "word" from him. He "makes possible"
concerts and public affairs broadcasts. His "underwriting grants"
brings the viewer music festivals and classic films. Interviews
with visiting statesmen are interrupted for him, to continue "in a
moment."
Sponsorship is basic to American television. Even noncommercial
television looks to it for survival. A vast industry has grown up
around the needs and wishes of sponsors. Television's program
formulas, business practices, and ratings have all evolved in ways
to satisfy sponsor requirements. Indeed, he has become a potentate
of our time.
"The Sponsor" is divided into three parts. In "Rise," Barnouw
sketches the rise of the sponsor, in both radio and television, to
his present state of eminence. In "Domain," the sponsor's pervasive
impact on television programming is examined, with an emphasis on
network television, the primary arena of the industry. And in
"Prospect," Barnouw assesses what such dominance has meant for
American society, mores, and institutions--and what it may mean for
our future. This is a gripping volume about power, how it not only
influences programming itself, but how it defines for the average
person what is good, great, and desirable.
"I haven't read a more stimulating and enlightening book about
television. My mind still burns under its influence."--Bill Moyers
" "The Sponsor"] is the most incisive and well-written study to
date of the economic structure and ideological impact of modern
broadcasting."--"The Nation"
"The best critique of television since Newton Minow's wasteland'
blast of the early 1960s."--"Library Journal"
Erik Barnouw (1908-2001) was professor of dramatic arts at
Columbia University, and in 1978 was named chief of the Library of
Congress's Motion Picture, Broadcasting and Recorded Sound
Division. Among his many books are "Documentary: A History of the
Non-Fiction Film" and the award-winning three-volume "History of
Broadcasting in the United States."
Deirdre Boyle is core faculty in the Graduate Media Studies
Program at New School University. A video historian, media critic,
consultant, and psychotherapist, she is the author of "Subject to
Change: Guerilla Television Revisited."
"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.
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.
Social Control Through Law is remarkable in manner and style.
Roscoe Pound shows himself to be a jurist, philosopher, and
scientist. For Pound, the subject matter of law involves examining
manifestations of human nature which require social control to
assert or realize individual expectations. Pound formulates a list
of social-ethical principles, with a three-fold purpose. First,
they are meant to identify and explain human claims, demands, or
interests of a given social order. Second, they express what the
majority of individuals in a given society want the law to do.
Third, they are meant to guide the courts in applying the law.Pound
distinguishes between individual interests, public interests, and
social interests. He warns that these three types of interests are
overlapping and interdependent and that most claims, demands, and
desires can be placed in all three categories. Pound's theory of
social interests is crucial to his thinking about law and lies at
the conceptual core of sociological jurisprudence. Pound explains
that rights unlike interests, are plagued with a multiplicity of
meanings. He rejects the idea of rights as being natural or
inalienable, and argues that to the contrary, interests are
natural.The contemporary significance of the book is aptly
demonstrated by the skyrocketing rate of litigation in our
postmodern society. As the influence of familial and religious
institutions declines, the courts exert an unprecedented degree of
control over the public and private lives of most Americans. Law is
now the paramount agency of social control. In the new
introduction, A. Javier Trevino outlines the principal aspects of
Roscoe Pound's legal philosophy as it is conveyed in several of his
books, articles, and addresses, and shows their relationship to
Social Control Through Law. This book is an insightful, concise
summary of Pound's ideas that, after more than half a century,
remains surprisingly fresh and relevant. It will doubtlessly
continue to engage jurists, legal theorists, and sociologists for
many years to come.
Social Control Through Law is remarkable in manner and style.
Roscoe Pound shows himself to be a jurist, philosopher, and
scientist. For Pound, the subject matter of law involves examining
manifestations of human nature which require social control to
assert or realize individual expectations. Pound formulates a list
of social-ethical principles, with a three-fold purpose. First,
they are meant to identify and explain human claims, demands, or
interests of a given social order. Second, they express what the
majority of individuals in a given society want the law to do.
Third, they are meant to guide the courts in applying the law.
Pound distinguishes between individual interests, public
interests, and social interests. He warns that these three types of
interests are overlapping and interdependent and that most claims,
demands, and desires can be placed in all three categories. Pound's
theory of social interests is crucial to his thinking about law and
lies at the conceptual core of sociological jurisprudence. Pound
explains that rights unlike interests, are plagued with a
multiplicity of meanings. He rejects the idea of rights as being
natural or inalienable, and argues that to the contrary, interests
are natural.
The contemporary significance of the book is aptly demonstrated
by the skyrocketing rate of litigation in our postmodern society.
As the influence of familial and religious institutions declines,
the courts exert an unprecedented degree of control over the public
and private lives of most Americans. Law is now the paramount
agency of social control. In the new introduction, A. Javier
Trevino outlines the principal aspects of Roscoe Pound's legal
philosophy as it is conveyed in several of his books, articles, and
addresses, and shows their relationship to Social Control Through
Law. This book is an insightful, concise summary of Pound's ideas
that, after more than half a century, remains surprisingly fresh
and relevant. It will doubtlessly continue to engage jurists, legal
theorists, and sociologists for many years to come.
Roscoe Pound believed that unless the criminal justice system
maintains stability while adapting to change, it will either
fossilize or be subject to the whims of public opinion. In Criminal
Justice in America, Pound recognizes the dangers law faces when it
does not keep pace with societal change. When the home,
neighborhood, and religion are no longer capable of social control,
increased conflicts arise, laws proliferate, and new menaces
wrought by technology, drugs, and juvenile delinquency flourish.
Where Pound saw the influence of the motion pictures as part of the
"multiplication of the agencies of menace," today we might cite
television and the Internet. His point still holds true: The "old
machinery" cannot meet the evolving needs of society. In Criminal
Justice in America,Pound points out that one aspect of the criminal
justice problem is a rigid mechanical approach that resists change.
The other dimension of the problem is that change, when it comes,
will result from the pressure of public opinion. Justice suffers
when the public is moved by the oldest of public feelings,
vengeance. This can result in citizens taking the law into their
own hands--from tax evasion to mob lynchings--as well as in
altering the judicial system--from sensationalizing trials to
producing wrongful convictions. Ron Christenson, in his new
introduction, discusses the evolution of Roscoe Pound's career and
thought. Pound's theories on jurisprudence were remarkably
prescient. They continue to gain resonance as crimes become more
and more sensationalized by the media.Criminal Justice in America
is a fascinating study that should be read by legal scholars and
professionals, sociologists, political theorists, and philosophers.
Nathan Roscoe Pound (1870-1964) was an American legal scholar and
jurist who held the position of Dean of Harvard Law School from
1916 to 1936. Originally published in 1923, this book presents a
critical history of various aspects of juristic thought as it
developed in England and other countries. The text was based upon a
series of lectures delivered by Pound at Trinity College, Cambridge
during the Lent Term of 1922. Detailed notes are included in the
main body of the text. This book will be of value to anyone with an
interest in Pound and perspectives on legal history.
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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