Aid of Philosophy Jurists - Thinkers in Law, who apply themselves to the development of legal science - Deals with almost

entirely with premises relating to social conduct - Called Legal Scientists - Today Jurist gives attention not only to what is the law, but also what the law is ought to be Crystallization - Legal philosophers of law put into conscious thought things which may be vague in the general mind Concept of Justice - Countless Definition of Justice, yet not one is wholly acceptable - Lawyers perceive justice as the strict compliance with the law - Judges however tend to cover gaps between the obvious rules of law, guided by his own principles - The current public code of morals and ethics are called Public Policy - The public however wants just laws - Then what is justice? - It is not happiness for everyone o Happiness for one makes another unhappy o Unhappiness does not make the law unjust - It is not happiness for the majority either o Not for people who believes the minority should be protected - Satisfaction of interest is not justice o There would always be a minority unjustly treated o Such defies democracy

Aristotle - Justice is the mean of two extremes Plato - Natural Law - Metaphysical Approach - An Abstract Justice o Either God-Given o Or Ascertainable by mans Right Reason Kelsen - But none of the numerous natural law doctrines has so far succeeded in defining the content of this just order in a manner even approaching the exactness and objectivity with which natural science can determine the content of the laws of nature or legal science the content of a positive legal order. What is Justice Then? - We might say that justice is that natural law that comprises what we believe to be well established and fundamental rules of conduct for human beings in relation to each other. Roscoe Pound Facts - Born in Lincoln, Nebraska in 1870 - Father was a local judge and mother is an unusually intellectual woman - Graduated from University of Nebraska - Had no intention of becoming a lawyer - Took Masters in Botany - Eventually went to Harvard - Admitted to the practice of law in 1890

Became Court of Became Became

Commissioner of Appeals of the Supreme Nebraska from 1901-1903 Dean of University of Nebraska in 1903 Dean of Harvard Law in 1916

Sociological Jurisprudence - In an address to the American Bar Association on Causes of Popular Dissatisfaction with the Administration of Justice Pound started a movement called Sociological Jurisprudence - Based on his highly critical and constructive analysis of the American Legal System. - This system of jurisprudence consists of patterns of ways of living together by actual human beings and not by theoretical persons. - His approach is distinctly Sociological - Believes that no current hypothesis is reliable, as ideas and legal philosophies change radically and frequently from time to time Theories of Interest - Law must determine between conflicting interests - Law must enable people to live together - Whether it produces justice is unimportant - Some interests are Protected by the state which are called Rights - Constant Reconciliation and Adjustments are necessary between the interest of individuals - Social interests are called Ethical Interests and Public Interest Systems of Jurisprudential Thoughts Which Pound Considered Wanting 1. Rationalism - Based on the premise that sound principles can be ascertained only by human reason - Knowledge obtained by the senses are false and unreliable - Rationalists are advocates of natural law

2. Empiricists - Also believes in fundamental truths - Takes from perceptions of the senses (unlike rationalism) - Takes Items from Experience 3. Criticism - Reconciled rationalism with empiricism - Kant: Concepts without perceptions are empty and Precepts without Concepts are blind 4. Absolute Idealism - Hegel: Legal factors rise out of the surrounding circumstances, and what might be true in one situation might not be true for another 5. Positivists - The only reliable thing is experience, for generalities are only tentative and must be tested by experience Pragmatic or Relativist School - Most eminent advocate is Roscoe Pound - Not satisfied with the two critical method of Kant - Argues that everything is subject to change - Law Arises from Human Experience - Pound Sees the law as a constant and flowing process of sociological adjustment Conclusion - Jurists like Pound are troubled by difficulties of absolutely defining terms like Justice and Law. - Pound has by no means satisfied with some developments in American Law - Contending that Belief in the obligatory force of contracts and respect for world are going if not gone.

He also argues that : Fault has gradually been abandoned as a basis of liability The claim to liberty, to free self assertion or self determination is almost disappearing.