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Science of legal method

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Pages: 528

Book format: An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.

Publisher: Date:8/4/2009 - General Books LLC

By: Ernest Bruncken

Excerpt from book: INTRODUCTION By H. N. Sheldon' An essential element of such a series as this, consisting of master-works on jurisprudence and the philosophy of law, is a consideration of Legal Method, the mode of treatment of the concrete legal problems which are presented in practice, the manner in which the abstract legal principles that lie at the foundation of all jurisprudence are applied to the task of reaching just and reasonable conclusions adequate for the decision of all disputed matters. The present book deals with this question of Legal Method, treating it mainly from the standpoint of Continental jurists, such as Professors Francois Geny, Eugen Ehrlich, Geza Kiss, Josef Kohler, Heinrich Gerland, of different European universities, Justice Gmelin of the Stuttgart Court of Appeals, and Fritz Berolzheimer, the president of the International Society of Legal and Economical Philosophy of Berlin. Another noteworthy chapter, on Courts and Legislation, by Professor Pound, the Dean of the Harvard Law School, will attract special attention from the general reader, and that attention will be well rewarded. It is a study of the nature of law and of its creation and development by judicial decision and by legislation, treated both in the light of the past and in its application to the needs of the future, — a development and application advantageously to be made, as Professor Pound concludes, by the empirical method of our Anglo-American law, assisted by proper legislation. Former Justice of the Supreme Judicial Court of Massachusetts. It was said by Lord Campbell, in his "Lives of the Lord Chancellors," that "English lawyers, though very acute practitioners, have been rather deficient in the enlarged knowledge of jurisprudence: and that has been true also of the members of the Ameri...  

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