By Roscoe Pound
This criminal consultant is a written model of lectures introduced earlier than the legislation tuition of Yale collage as Storrs Lectures within the university yr 1921-1922.
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Additional resources for An Introduction to the Philosophy of Law
IBoth of these ideas, natural rights and an ideal form of the actual law of the time and r place as the jural order of nature, were handed down to and put to new uses in the nineteenth century. In the growing law of the seventeenth and eighteenth centuries they were but guides to lead growth into definite channels and insure continuity and permanence in the development of rules and doctrines. " For the state of nature, let us remember, was a state which expressed the ideal of man as a rational creature.
The jurisconsults were practical lawyers and the paramount interest in the general security was ever before their eyes. f FUNCTION OF LEGAL PHILOSOPHY to develop its precepts by analogy according to the known traditional technique when new phases of old questions came before them. Hence what to the Greeks was a distinction between right by nature and right by convention or enactment became to them a distinction between law by nature and law by custom or legislation. The Latin equivalent of TO UKalOV (the right or the just) became their word for law.
Under the influence of this theory jurists worked out a scheme of "legal rights" that 42 , FUNCTION OF LEGAL PHILOSOPHY effectively secures almost the whole field of individual interests of personality and individual interests of substance. It put a scientific foundation under the medieval scheme of the claims and duties involved in the relation of king to tenants in chief, out of which the judges had developed the immemorial rights of Englishmen, and enabled the common-law rights of Englishmen to become the natural rights of man, intrenched as such in our bills of rights.