An Introduction to the Philosophy of Law by Roscoe Pound PDF

By Roscoe Pound

This criminal consultant is a written model of lectures added ahead of the legislation college of Yale collage as Storrs Lectures within the tuition 12 months 1921-1922.

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It this is not a question about causes, then it is about the justification for my following the rule in the way I do. If 1 have exhausted the j u s t i f i c a t i o n s I have reached bedrock, and my spade is t u r n e d . " "All the steps are really already taken" means: I no longer have any choice. —But if something of this sort really were the case, how would it help? — 1 should h a v e said: This is how it strikes me. When I obey a rule, I do not choose. 1'2 It is true that at a certain point justifications come to an end, and that at that point I draw conclusions without further justification.

Haller and J. Bnindl, eds.. Wittgenstein—Tmcards a Re-Evaluation: Proceedings of the i j t h International Wittgenstein-Symposium (Holdcr-PichlerTcmpsky, 1990), p. 35. 15. The Realistic Spirit (MI I Press, 1991). pp. 69—70. The 'rags' are those referred to in Philosophical Investigations sec. -,^: "If I am inclined to suppose that a mouse has come into being by spontaneous generation out of grey rags and dust, I shall do well to examine those rags very closely to see how a mouse may have hidden in them, how it may have got there and so on.

Where they depart from Descartes is in the relaxation of the requirement of certainty: Rational principles that play a foundational role at one stage may be superseded or revised as a result of rational criticism at a later stage. But the enterprise has a fundamentally rationalistic structure: It proceeds by the operation of methods that aspire to universal validity on empirical information, and it is an e f f o r t to construct a rational picture of the world, with ourselves in it, that makes sense of these data.

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An Introduction to the Philosophy of Law by Roscoe Pound


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