POUND. Law in Books and Law in Action | Jurisprudence | Equity (Law)The Sociological Movement in Law pp Cite as. Such a restriction is made necessary by the very breadth and quantity of his output. Yet he made little or no conscious effort to coordinate these diverse fields of study. This is most clearly demonstrated in his most comprehensive work Jurisprudence , 2 published in five volumes shortly before his death. Yet the overriding imperssion is that his work remains disjointed, with disparate elements of thought joined by mere physical proximity. It is significant that in this work Pound retains the same structure that had first been used in his lecture notes published in Unable to display preview.
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Law in action
Jean-Louis Halperin. I would argue that in the article, Pound did not clearly distinguish between two separate situations: 1 the departure of decisions of courts from statements of statutory or constitutional law, and 2 the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It is not my purpose here to address all of the controversies concerning the relationship between legal science and facts. Hart, and Alf Ross about law and facts. American legal realism and its intellectual progeny, it can be claimed, are better suited to the empirical study of complex legal orders that comprise more than the law enacted by the state. In Europe, however, many positivists remain faithful to the theories of Kelsen and Hart.
Law in action is a legal theory , associated with legal realism , that examines the role of law , not just as it exists in the statutes and cases , but as it is actually applied in society. Law in action scholars often start with observations about the behavior of institutions and work "backwards" toward the legal philosophies guiding courts and traditional jurisprudence. As Kenneth B. Davis, Jr. The first reference to Law in Action may have been a article by Roscoe Pound , the Harvard Law School dean whose work was a forerunner to the legal realism movement. The law in action concept was a natural fit for Wisconsin because of its strong emphasis on the social sciences and the Wisconsin Idea —the concept that the boundaries of campus are the boundaries of the state. As at law schools everywhere, the focus is on appellate opinions.
When Tom Sawyer and Huck Finn had determined top rescue Jim by digging under the cabin where he was con- fined, it seemed to the uninformed lay mind of Huck Finn that some old picks the boys had found were the proper implements to use. But Tom knew better. From reading he knew what was the right course in such cases, and he called for case-knives. And there ain't no other way that ever I heard of, and I've read all the books that gives any informa- tion about these things. They always dig out with a case- knife. But after they had dug till nearly midnight and they were tired and their hands were blistered, and they had made little progress, a light came to Tom's legal mind.