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Roscoe Pound also made a significant contribution to jurisprudence in the tradition of sociological jurisprudence, which emphasized the importance of social relationships in the development of law and vice versa. His best-known theory consists of conceptualizing law as social engineering.
The first reference to Law in Action may have been a 1910 article by Roscoe Pound, the Harvard Law School dean whose work was a forerunner to the legal realism movement. [1] From there, the concept caught hold at the University of Wisconsin Law School, where the law in action concept is most prevalent today.
Realism was treated as a conceptual claim for much of the late 20th century due to H. L. A. Hart's misunderstanding of the theory. [6] Hart was an analytical legal philosopher who was interested in the conceptual analysis of concepts such as "law." This entailed identifying the necessary and sufficient conditions for the use of the concept of ...
It draws intellectual resources from social theory and relies explicitly on social science research in understanding evolving forms of regulation and the cultural significance of law. [54] In its pioneer form it was developed in the United States by Louis Brandeis and Roscoe Pound.
In his "Liberty of Contract" (1909), Roscoe Pound critiqued freedom-of-contract laws by laying out case after case in which labor rights were struck down by state and federal Supreme Courts. Pound argued the courts' rulings were "simply wrong" from the standpoint of common law and "even from that of a sane individualism" (482).
The main proponents of the jurisprudence of interests were Philipp Heck, Rudolf Müller-Erzbach, Arthur F. Bentley and Roscoe Pound. [3] The school of legal positivism passed through the phase of the jurisprudence of interests after the jurisprudence of concepts. In the jurisprudence of interests, one interprets a law essentially in terms of ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
He was influenced by the theories of sociological jurisprudence presented by Roscoe Pound and others at Harvard. He met Harold J. Laski, a political scientist and the later Chairman of the British Labour Party, who became a lifelong friend. He practiced at the law firm of Tillinghast & Collins from 1913 to 1916.