 | 1913 - 756 halaman
...goes without saying that 'Jurisprudence (4 ed.), 655. 7 Institutionen des deutschen Privatrechts, ยง1. such a conception of the process of judicial decision...complete code should be enacted in order to put an end to the process of judicial law-making shows that they saw but half of the truth. For the application of... | |
 | 1917 - 702 halaman
...to be found before the judges discovered and 1 Kantorowicz, "Rechtswissenschaft und Soziologie." ~1. applied it, in what form it existed, and how and whence...complete code should be enacted in order to put an end to the process of judicial lawmaking shows that they saw but half of the truth. For the application of... | |
 | Roscoe Pound - 1921 - 256 halaman
...and was fixed therein by the general adoption of Montesquieu's theory of the separation of powers. Today, when all recognize, nay insist, that legal...absolute, but are relative to time and place, and that juridicial idealism may go no further than the ideals of an epoch, the fiction should be discarded.... | |
 | Roscoe Pound - 1921 - 256 halaman
...grow, that legal principles are not absolute, but are relative to time and place, and that juridicial idealism may go no further than the ideals of an epoch, the fiction should be discarded. A process of judicial lawmaking has always gone on and still goes on in all ' systems of law, no matter... | |
 | Jacob Gould Schurman, James Edwin Creighton, Frank Thilly, Gustavus Watts Cunningham - 1922 - 660 halaman
...ethical and political theories have exercised upon the law. It is perfectly plain to Professor Pound " that legal systems do and must grow, that legal principles...absolute, but are relative to time and place, and that juridicial idealism may go no further than the ideals of an epoch." This may seem a somewhat sceptical... | |
 | Gary J. Jacobsohn - 1986 - 196 halaman
...principles lost its hold upon the legal and popular imagination. It is thus clear why Pound, believing that "legal principles are not absolute, but are relative to time and place," should find disagreeable a doctrine that constrains judges in adapting these principles to changing... | |
 | Austin Sarat, Bryant G. Garth, Robert A. Kagan - 2002 - 474 halaman
...and doctrines (Pound 1910). He encouraged all those affiliated with the legal profession to recognize that "legal principles are not absolute, but are relative to time and place" and to treat them "as instruments rather than eternal pigeonholes into which all human relations must be... | |
 | 1913 - 576 halaman
...insist, that legal systems do and must grow, that legal principles are not absolute, YOL. 77 No. is but are relative to time and place, and that juridical...complete code should be enacted in order to put an end to the process of judicial law-making, shows that they saw but half of the truth. For the application... | |
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Today, when all recognize, nay insist, that legal systems do and must grow, that legal principles are not absolute, but are relative to time and place, and that juridical idealism may go no further than the ideals of an epoch, the fiction should be discarded.... 