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By Roscoe Pound

This felony advisor is a written model of lectures brought ahead of the legislations college of Yale collage as Storrs Lectures within the university 12 months 1921-1922.

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That which made for the greatest total of individual happiness was to be the lawmaker's ·standard. The jurist was to find universal principles by analysis of the actual law. He had nothing to do with creative activity. His work was to be that of 53 FUNCTION OF LEGAL PHILOSOPHY orderly logical development of the principles reached by analysis of what he found already given in the law and improvement of the form of the law by system and logical reconciliation of details. As it was assumed that the maximum of abstract individual free self-assertion was the maximum of human happiness, in the result the legislator was to be busied with formal improvement of the law and rendering it, as Bentham put it, more "cognoscible," while the jurist was exercising a like restricted function so far as he could work with materials afforded exclusively by the law itself.

Also it could be made to fit a political theory of popular sovereignty in which the people were thought of as succeeding to the sovereignty of parliament 64 \ THE END OF LAW at the American Revolution or of the French king at the French Revolution. A ninth idea of law takes it to be a system of precepts discovered by human experience whereby the individual human will may realize the most complete freedom possible consistently with the like freedom of will of others. This idea," held in one form or another by the historical school, divided the allegiance of jurists with the theory of law as command of the sovereign during almost the whole of the past century.

It arose to meet the exigencies of the stage of equity and natural law, one of the great creative periods of legal history. Yet, as we have seen, even the most rapid growth does not permit the lawyer to ignore the demand for stability. The theory of natural law was worked out as a means of growth, as a means of making a law of the world on the basis of the old strict law of the Roman city. But it was worked out also as a means of directing and organizing the growth of law so as to maintain the general security.

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