The Modern Legal Philosophy Series..., เล่มที่ 4

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Boston Book Company, 1909
 

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หน้า 48 - There is a wisdom which knows when to go and when to return, what is to be done and what is not to be done, what is fear and what is courage, what is bondage and what is liberation - that is pure wisdom.
หน้า vii - in most of the operations of the mind, each American appeals to the individual exercise of his own understanding alone; therefore in no country in the civilized world is less attention paid to philosophy than in the United States." But, he adds, "the Americans are much more addicted to the use of general ideas than the English, and entertain a much greater relish for them.
หน้า vii - GENERAL INTRODUCTION TO THE SERIES BY THE EDITORIAL COMMITTEE "Until either philosophers become kings," said Socrates, "or kings philosophers, States will never succeed in remedying their shortcomings." And if he was loath to give forth this view, because, as he admitted, it might "sink him beneath the waters of laughter and ridicule," so to-day among us it would doubtless resound in folly if we sought to apply it again in our own field of State life, and to assert that philosophers must become lawyers...
หน้า ix - Without some fundamental basis of action, or theory of ends, all legislation and judicial interpretation are reduced to an anarchy of uncertainty. It is like mathematics without fundamental definitions and axioms. Amidst such conditions, no legal demonstration can be fixed, even for a moment. Social institutions, instead of being governed by the guidance of an intelligent free will, are thrown back to the blind determinism of the forces manifested in the natural sciences. Even the phenomenon of experimental...
หน้า v - JOSEPH H. DRAKE, Professor of Law, University of Michigan. ALBERT KOCOUREK, Professor of Law, Northwestern University. ERNEST G. LORENZEN, Professor of Law, Yale University. FLOYD R. MECHEM, Professor of Law, University of Chicago. ROSCOE POUND, Professor of Law, Harvard University. ARTHUR W. SPENCER, Brookline, Mass. JOHN H. WIGMORE, Chairman, Professor of Law, Northwestern University. LIST OF TRANSLATORS ADALBERT ALBRECHT, South Easton, Mass.
หน้า ii - COMPARATIVE LEGAL PHILOSOPHY, applied to Legal Institutions. By LUIGI MIRAGLIA of the University of Naples. Translated by JOHN LISLE of the Philadelphia Bar.
หน้า xi - But they have been long supplanted by the products of newer schools of thought which are offered in this series in their latest and most representative form. It is believed that the complete series will represent in compact form a collection of materials whose equal cannot be found at this time in any single foreign literature. The committee has not sought to offer the final solution of any philosophical or juristic problems; nor to follow any preference for any particular theory or school of thought....
หน้า ii - LAW AS A MEANS TO AN END. By RUDOLF VON IHERING of the University of Berlin. Translated by ISAAC HUSIK of the University of Pennsylvania.
หน้า 135 - On the contrary, the idea of natural law has played a very important r61e in practical life as well as in the scientific theory of law. For many persons it is not a mere supposition, but a fervent belief. Its existence has been deemed self-evident and necessary. How shall we explain the origin of this idea of natural law and its influence? The appearance of the idea is explained by the following fact. Our conceptions are not produced solely by the generalization of notions derived from experience,...
หน้า ix - ... peoples' legal institutions. To the satisfying of that interest in the present field, the only obstacle is the lack of adequate materials in the English language. That the spirit of the times encourages and demands the study of Continental Legal History and all useful aids to it was pointed out in a memorial presented at the annual meeting of the Association of American Law Schools in August, 1909: "The recent spread of interest in Comparative Law in general is notable. The Comparative Law Bureau...

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