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Common Law – Civil LawThe Civil Law as the Foundation of the Common Law: Roscoe Pound Considers the Origins of the Common Law

Common Law – Civil Law: The Civil Law as the Foundation of the Common Law: Roscoe Pound Considers... [Although civil law and common law systems differ in their substantive law, and differ in the character of their institutions of law-making, law-interpretation, and law-application, they also differ in their methods of reasoning and in their use of authority. This chapter focuses on these differences in reasoning and treatment of authority. It does so, however, not so much as an end in itself, but as an entry into aspects of the thinking of Roscoe Pound. Pound, one of the founders of the discipline of sociology of law, was also profoundly interested in European law, comparative law, and legal classification more than any other American (and common law) legal theorist of the early and middle twentieth century. By looking at Pound’s interest in legal classification, including the classification of legal systems, through the lens of Pound’s own sociological interests, we can learn much about Pound and also about the similarities and differences between common law and civil law orders.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Common Law – Civil LawThe Civil Law as the Foundation of the Common Law: Roscoe Pound Considers the Origins of the Common Law

Part of the Law and Philosophy Library Book Series (volume 139)
Editors: Bersier, Nicoletta; Bezemek, Christoph; Schauer, Frederick
Bersier, Nicoletta
Common Law – Civil Law — Jan 1, 2022
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9 pages

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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
ISBN
978-3-030-87717-0
Pages
51 –60
DOI
10.1007/978-3-030-87718-7_5
Publisher site
See Chapter on Publisher Site

Abstract

[Although civil law and common law systems differ in their substantive law, and differ in the character of their institutions of law-making, law-interpretation, and law-application, they also differ in their methods of reasoning and in their use of authority. This chapter focuses on these differences in reasoning and treatment of authority. It does so, however, not so much as an end in itself, but as an entry into aspects of the thinking of Roscoe Pound. Pound, one of the founders of the discipline of sociology of law, was also profoundly interested in European law, comparative law, and legal classification more than any other American (and common law) legal theorist of the early and middle twentieth century. By looking at Pound’s interest in legal classification, including the classification of legal systems, through the lens of Pound’s own sociological interests, we can learn much about Pound and also about the similarities and differences between common law and civil law orders.]

Published: Jan 1, 2022

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