Law and Morals

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Description
Three subjects stand out in the juristic writing of the last century-the nature of law, the relation of law to morals, and the interpretation of legal history. The first was debated by the three nineteenth-century schools down to the end of the century. The second was debated by the analytical and the historical jurists, as against the eighteenth-century Identification of the legal with the moral, and by the several types of the philosophical school, as between theories of sub- ordination of jurisprudence to ethics and different theories of contrasting or opposing them. The third did not concern the analytical school. It was discussed by historical and by metaphysical jurists with reference to ethical and political interpretations. Later the mechanical for different types sociologists argued ethnological and biological interpretation, while others, especially the economic realists, urged some form of economic interpretation. Both the controversies as to the nature of law and the interpretations of legal history are intimately related to the controversies as to the relation of law to morals. In a sense that relation was but one phase of the problem of the nature of law. Moreover the nature of law was involved in all interpretation of its of development. Today discussion of the nature of law is coming t be replaced by consideration of the end or of law. Likewise the older discussions as to law 20 morals are coming to be merged in broader consideration of the place of law in the whole process of social control. And interpretation of legal that there is some one simple idea upon which all the history is ceasing to be debated on the hypothesis phenomena of law and of the history of law may be strung for every purpose and for all time. Yet the nineteenth century discussions are far from having importance. We must work with the legal materials and with the juristic tools that are at hand, and we shall not understand those materials and their possibilities, nor shall we know the possibilities of those tools, except by critical study of the juristic thought of the immediate past.
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Contents
Preface
I.   The Historical View
II.  The Analytical View
III. The Philosophical View
Bibliography
Law And Mo
Index
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Author Details
Roscode Pound, Carter Professor Jurisprudence in Harvard University