An Introduction to the Philosophy of Law by Roscoe Pound (free novels to read .txt) π
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be just from convention or enactment. The latter, he says, can be just only with respect to those things which by nature are indifferent. Thus when a newly reconstituted city took a living Spartan general for its eponymus, no one was bound by nature to sacrifice to Brasidas as to an ancestor, but he was bound by enactment and after all the matter was one of convention, which, in a society framed on the model of an organized kindred, required that the citizens have a common heroic ancestor, and was morally indifferent. The distinction was handed down to modern legal science by Thomas Aquinas, was embodied in Anglo-American legal thought by Blackstone, and has become staple. But it is quite out of its setting as a doctrine of mala prohibita and mala in se. An example of the distinction between law and rules of law has become the basis of an arbitrary line between the traditionally anti-social, penalized by the common law, and recently penalized infringements of newly or partially recognized s
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tag="{http://www.w3.org/1999/xhtml}a">275
theories of enforcing 269-276
theory of inherent force of 259-260
Promissory oath 150-151, 251
Property, acquisition of 194-200, 204
analytical theory of 221-224
basis in creation 209
basis in division by agreement 205
basis in economic nature of man 205, 209
community 229
effectiveness of law as to 193
Grotius' theory of 205-207
Hegel's theory of 214-216
historical development of law of 224-232
historical theory of 219, 221-232
household 226-227, 229
inequalities in 215, 221
in natural media of life 201-202
jural postulates of 193, 194
Kant's theory of 210-214
law of 141
Lorimer's theory of 218
medieval theory of 202
metaphysical theories of 210-218
modes of acquiring 194-202
"natural" acquisition of 195
natural-law theories of 204-210
natural limits of right of 195
negative community in 207
philosophical theories of 194 ff.
positive theory of 219-221
psychological theory of 209, 23, 234
restrictions on appropriation of 88
restrictions on use and disposition of 87-88
self-acquired 227-228
seventeenth-century theory of 202
socialization of 233
social-utilitarian theory of 225
sociological theories of 232
Spencer's theory of 219
theories of 202-225
theory of in Anglo-American law 208
theory of in antiquity 202
things not subject to 197
titles to 195-197, 211
twentieth-century theories of 232
Protestant jurist-theologians 39
Psychology 90, 94, 279-280
Publicists, French 110
Public utilities 117, 136
exemption of from competition 88-89
power to contract 187
Pufendorf 207-208
Punitive justice 111
individualization of 134-135
Quasi-delict 161, 162
Ratio legis, doctrine of 32, 46
Reason, excessive faith in 39, 46-47
Reform movement, legislative 47, 85
Relations 171
duties attached to 173
economic value of 192
interference with 192
legal protection of 193
Release 272, 274
Religion 242 ff.
Reparation 149
Representation 179
Res communes 197, 198, 199, 207, 210
extra commercium 197, 201, 216, 217
ipsa loquitur 180, 185-186
nullius 199, 205
publicae 198, 210
religipsae 198
ruinosa 162-163
sacrae 198
sanctae 198
Responsibility at one's peril 167
Right, idea of 65
natural and conventional 15, 25-26, 31
Rights, in personam 146
in rem 147
Roman conception of end of law 77-78
jurisconsults 30, 43
Roman law 26, 36, 41, 45, 105-106, 145, 151, 155, 170, 173-174, 195, 199, 200, 225, 228, 245-250, 254, 275
as basis of medieval law 40
as basis of law in XVII and XVIII centuries 41
contribution of to legal philosophy 36
Rousseau 214
Rules 115-116
adapted to commercial transactions 141
adapted to property 141
and discretion 141-143
application of 142
as guides 121
mechanical application of 142-143
Rylands v. Fletcher 168, 182-186
Sabinians 196
Sale 249
Satisfaction of wants, as an ideal 98-99
Savigny, F. C. von 213
Scholastic philosophy 36
permanent contribution of 38
Seals 240, 271, 275
contract under seal 255
Security of transactions 193, 237
Seisin 225
Self help 73
Seller's talk 280
Separation of powers 102-103, 107
Set off 250
Social contract 204
Social control 99, 225
Social engineering 99
Social ideal 56
as a measure of values 98
Social interdependence 232
as a measure of values 98
Social interests 99
in peace and order 148
in security of transactions 237
Social laws 54-55
Social order, feudal 79-80
idealized form of the 35
static 85
Social sciences, unification of 91
Social status quo, as end of law 35-36
Social utilitarianism 92-98
Socialists 209
Society, Greek conception of 79
jural postulates of civilized 169-179
kin-organized 73-74
medieval conception of 79
Sociology 94
Sophrosyne 77
Sovereignty, Byzantine theory of 40
Specification 195
Specific performance 131-132, 238-240
Spencer, Herbert 84, 97, 201, 265
his law of equal freedom 219
his theory of property 219-221
Spirit and letter 154
Standards, legal 51, 114, 116-120, 129, 141
Stare decisis 140
Status to contract 266
Statute of Frauds 282
Statute of Uses 277
Stipulation 246
of counsel 273, 274
Stoics 197
Strict law 33, 101, 112-113, 153, 155, 165, 280
Substance, interests of 139, 225
Super constitution 15, 51
Symbols 248
Teleology, legal 92
Theories of law, elements in 70-71
Third-party beneficiaries 273
Title, by creation 195
by discovery 195
by occupation 196, 211
"natural" 195
"Tort of negligence" 105
Torts 283
development of liability for 164-167
generalization of liability for 167
law of 117, 167
nominate 164, 165, 170, 175, 283
Traditio 249
Trust, constructive 173
gratuitous declaration of 272, 274
Twelve Tables 249
Unjust enrichment 173, 187
Utilitarians 267, 268
Utility 53
Value, criteria of 89, 95-99
Vrihaspati 243
Waiver 272, 274
Wants, as juristic starting point 89-90
limitations on satisfaction of 97-98
satisfaction of 89-90
Warranties 174, 249
Whale fishing 195
Will, as basis of liability 157, 169
as basis of obligation 250
as juristic starting point 84, 89
Will theory 189
of contract 264-265
Williston, S. 282
Wills, harmonizing of 84, 90, 92-93
Workman's compensation 167
STORRS LECTURES
Published by Yale University Press
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theories of enforcing 269-276
theory of inherent force of 259-260
Promissory oath 150-151, 251
Property, acquisition of 194-200, 204
analytical theory of 221-224
basis in creation 209
basis in division by agreement 205
basis in economic nature of man 205, 209
community 229
effectiveness of law as to 193
Grotius' theory of 205-207
Hegel's theory of 214-216
historical development of law of 224-232
historical theory of 219, 221-232
household 226-227, 229
inequalities in 215, 221
in natural media of life 201-202
jural postulates of 193, 194
Kant's theory of 210-214
law of 141
Lorimer's theory of 218
medieval theory of 202
metaphysical theories of 210-218
modes of acquiring 194-202
"natural" acquisition of 195
natural-law theories of 204-210
natural limits of right of 195
negative community in 207
philosophical theories of 194 ff.
positive theory of 219-221
psychological theory of 209, 23, 234
restrictions on appropriation of 88
restrictions on use and disposition of 87-88
self-acquired 227-228
seventeenth-century theory of 202
socialization of 233
social-utilitarian theory of 225
sociological theories of 232
Spencer's theory of 219
theories of 202-225
theory of in Anglo-American law 208
theory of in antiquity 202
things not subject to 197
titles to 195-197, 211
twentieth-century theories of 232
Protestant jurist-theologians 39
Psychology 90, 94, 279-280
Publicists, French 110
Public utilities 117, 136
exemption of from competition 88-89
power to contract 187
Pufendorf 207-208
Punitive justice 111
individualization of 134-135
Quasi-delict 161, 162
Ratio legis, doctrine of 32, 46
Reason, excessive faith in 39, 46-47
Reform movement, legislative 47, 85
Relations 171
duties attached to 173
economic value of 192
interference with 192
legal protection of 193
Release 272, 274
Religion 242 ff.
Reparation 149
Representation 179
Res communes 197, 198, 199, 207, 210
extra commercium 197, 201, 216, 217
ipsa loquitur 180, 185-186
nullius 199, 205
publicae 198, 210
religipsae 198
ruinosa 162-163
sacrae 198
sanctae 198
Responsibility at one's peril 167
Right, idea of 65
natural and conventional 15, 25-26, 31
Rights, in personam 146
in rem 147
Roman conception of end of law 77-78
jurisconsults 30, 43
Roman law 26, 36, 41, 45, 105-106, 145, 151, 155, 170, 173-174, 195, 199, 200, 225, 228, 245-250, 254, 275
as basis of medieval law 40
as basis of law in XVII and XVIII centuries 41
contribution of to legal philosophy 36
Rousseau 214
Rules 115-116
adapted to commercial transactions 141
adapted to property 141
and discretion 141-143
application of 142
as guides 121
mechanical application of 142-143
Rylands v. Fletcher 168, 182-186
Sabinians 196
Sale 249
Satisfaction of wants, as an ideal 98-99
Savigny, F. C. von 213
Scholastic philosophy 36
permanent contribution of 38
Seals 240, 271, 275
contract under seal 255
Security of transactions 193, 237
Seisin 225
Self help 73
Seller's talk 280
Separation of powers 102-103, 107
Set off 250
Social contract 204
Social control 99, 225
Social engineering 99
Social ideal 56
as a measure of values 98
Social interdependence 232
as a measure of values 98
Social interests 99
in peace and order 148
in security of transactions 237
Social laws 54-55
Social order, feudal 79-80
idealized form of the 35
static 85
Social sciences, unification of 91
Social status quo, as end of law 35-36
Social utilitarianism 92-98
Socialists 209
Society, Greek conception of 79
jural postulates of civilized 169-179
kin-organized 73-74
medieval conception of 79
Sociology 94
Sophrosyne 77
Sovereignty, Byzantine theory of 40
Specification 195
Specific performance 131-132, 238-240
Spencer, Herbert 84, 97, 201, 265
his law of equal freedom 219
his theory of property 219-221
Spirit and letter 154
Standards, legal 51, 114, 116-120, 129, 141
Stare decisis 140
Status to contract 266
Statute of Frauds 282
Statute of Uses 277
Stipulation 246
of counsel 273, 274
Stoics 197
Strict law 33, 101, 112-113, 153, 155, 165, 280
Substance, interests of 139, 225
Super constitution 15, 51
Symbols 248
Teleology, legal 92
Theories of law, elements in 70-71
Third-party beneficiaries 273
Title, by creation 195
by discovery 195
by occupation 196, 211
"natural" 195
"Tort of negligence" 105
Torts 283
development of liability for 164-167
generalization of liability for 167
law of 117, 167
nominate 164, 165, 170, 175, 283
Traditio 249
Trust, constructive 173
gratuitous declaration of 272, 274
Twelve Tables 249
Unjust enrichment 173, 187
Utilitarians 267, 268
Utility 53
Value, criteria of 89, 95-99
Vrihaspati 243
Waiver 272, 274
Wants, as juristic starting point 89-90
limitations on satisfaction of 97-98
satisfaction of 89-90
Warranties 174, 249
Whale fishing 195
Will, as basis of liability 157, 169
as basis of obligation 250
as juristic starting point 84, 89
Will theory 189
of contract 264-265
Williston, S. 282
Wills, harmonizing of 84, 90, 92-93
Workman's compensation 167
STORRS LECTURES
Published by Yale University Press
The Reform of Legal Procedure. By Moorfield Storey.
The Judiciary and the People. By Frederick N. Judson.
Concerning Justice. By Lucilius A. Emery.
Woman's Suffrage by Constitutional Amendment. By Henry St. George Tucker.
The Nature of the Judicial Process. By Benjamin N. Cardozo.
Other than the corrections listed below, printer's inconsistencies in spelling and punctuation usage have been retained:
"predicability" corrected to "predictability" (page 33)
"Aristole" corrected to "Aristotle" (page 313)
End of the Project Gutenberg EBook of An Introduction to the Philosophy of
Law, by Roscoe Pound
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generously made available by The Internet Archive)
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will be renamed.
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(and you!) can copy and distribute it in the United States without
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