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    My Philosophy of Law - Pound

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    Alit Dela Cruz
    Pound argues for a pragmatic approach to law that allows for societal growth over time. He advocates for "sociological jurisprudence" rather than a rigid, mechanical application of rules. For Pound, the law aims to balance individual happiness and order in society by recognizing and limiting individual interests through a defined framework. He rejects an absolutist view of fixed legal rules, instead favoring a system based on predictable principles and processes, not specific rules.

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    My Philosophy of Law - Pound

    Uploaded by

    Alit Dela Cruz
    56 views1 page
    Pound argues for a pragmatic approach to law that allows for societal growth over time. He advocates for "sociological jurisprudence" rather than a rigid, mechanical application of rules. For Pound, the law aims to balance individual happiness and order in society by recognizing and limiting individual interests through a defined framework. He rejects an absolutist view of fixed legal rules, instead favoring a system based on predictable principles and processes, not specific rules.

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    POUND

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    PHILOSOPHY

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    Pound argues for a pragmatic approach to law that allows for societal growth over time. He advocates for "sociological jurisprudence" rather than a rigid, mechanical application of rules. For Pound, the law aims to balance individual happiness and order in society by recognizing and limiting individual interests through a defined framework. He rejects an absolutist view of fixed legal rules, instead favoring a system based on predictable principles and processes, not specific rules.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    56 views1 page

    My Philosophy of Law - Pound

    Uploaded by

    Alit Dela Cruz
    Pound argues for a pragmatic approach to law that allows for societal growth over time. He advocates for "sociological jurisprudence" rather than a rigid, mechanical application of rules. For Pound, the law aims to balance individual happiness and order in society by recognizing and limiting individual interests through a defined framework. He rejects an absolutist view of fixed legal rules, instead favoring a system based on predictable principles and processes, not specific rules.

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    © All Rights Reserved
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    MY PHILOSOPHY OF LAW - POUND

    “The law must be stable, but it must not stand still” judges must decide in a way that supports societal
    growth. He contended for “sociological jurisprudence” as opposed to “mechanical jurisprudence”
    (POUND)

    Pound argues for a very practical / pragmatic approach to law by asserting that it allows free will to
    obtain maximum happiness for itself while reconciling happiness for all (CITE ROUSSEAU’S SOCIAL
    CONTRACT)

    For Pound one key element of law is to “adjust relations and order conduct” within a “politically
    organized society”. He contends that the law does not create interests but recognize and limit these
    interests within defined framework to achieve “adjust relations and order conduct”.

    Pound refutes absolutist view of law consisting of fixed and rigid rules. He considers law based on
    predictable principles and processes but not absolute rules. (EX ABOLITION OF DEATH PENALTY)

    LOGIC IN THE LAW – GROSSI AND ROTOLO

    deontic logic is “[. . . ] essentially concerned with the representation and analysis of reasoning about a
    fundamental distinction that arises naturally in law: the distinction between what ideally is the case on
    the one hand, and what actually is the case on the other.”

    One key idea of most logical accounts of the law is that legal reasoning is defeasible, namely, that we
    may have reasons to abandon certain legal conclusions even though there was no apparent mistake in
    previously supporting them. Defeasibility in legal norms breaks down into the following issues:

    1. conflicts – incompatible legal effects

    2. exclusionary norms – some norms provide one way to explicitly undercut other norms

    3. contributory reasons -

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