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By Roscoe Pound

This criminal advisor is a written model of lectures brought sooner than the legislations college of Yale collage as Storrs Lectures within the institution yr 1921-1922.

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Moral and social and hence legal 54 FUNCTION OF LEGM;- PHILOSOPHY phenomena were governed by laws as completely beyond the power of conscious human control as the movements of the planets. We might discover these laws by observation of social phenomena and might learn to submit to them Intelligently instead of rashly or ignorantly defying them. But we could hope to do no more. Except as he could leam to plot some part of the Inevi- - table curve of legal development and save us from futile flyings in the face of the laws by which legal evolution was inevitably govem~ the jurist was powerless.

Thus, apart from mere systematic and formal improvement, the theory of lawmaking in the maturity of law was negative. It told us chiefly how we should not legislate and upon what subjects we should refrain from lawmaking. Having no positive theory of creative lawmaking, the last century was little conscious of requiring or holding a theory as to the end of law. But in fact it held such a theory and held it strongly. As ideas of what law is for are so largely im- plicit in ideas of what law is, a brief survey of ideas of the nature of law from this standpointwill be useful.

Very likely in such a theory a philosophical idea would support the political idea and the inherent moral obligation of a promise 'Wouldbe invoked to show why men should keep the agreements made in their popular assemblies. Seventh, law has been thought of as a reflection of the divine reason governing the universe; a reflection of that part which determines the "ought" addressed by that reason to human beings as moral entities, in distinction from the "must" which it addresses to the rest of creation.

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