A Study On The Thoughts Of Pound's Legal History Interpretation

By regarding law as an expression of the idea of civilization and a pragmatic instrument, Pound explained the development of legal philosophy comprehensively with taking legal stability and change as the theme. Then, he proposed his legal social engineering interpretation according to the needs of the time and the theory development. Thus, he had completed the premise hypothesis for the sociological jurisprudence. To understand his sociological jurisprudence, we must look into his thoughts of legal history interpretation. The paper inspects the way, the end and the theoretical sources systematically in Pound's legal history interpretation. With taking the Marxist legal philosophy as the instruction, the paper not only tries to find out the possible costs in his theory, but also to look for a possible way to enlarge his thoughts and to disclose the practical meaning to the rule of law of our nation. Except for the preface and the conclusion, there are four chapters in this paper:In the first chapter, the paper gives a comprehensive explanation to Roscoe Pound's interpretation of legal history along with the theme of legal stability and change.In the second chapter, the paper finds out the end of Roscoe Pound's interpretation of legal history which is try to let his legal social engineering interpretation to balance the two polar stability and change. After analysis his thoughts, we can see his theory's center is that the history serves for the contemporary construction.In the third chapter, the paper revolves the two theoretical fundaments Kohler's legal civilization idea and the legal pragmatic view, which the Pound's interpretation of legal history thoughts depend on, to start the research.In the last chapter, the paper takes the Marxist legal philosophy as the instruction. It is the most important part of this paper. In order to find a possible way to enlarge Pound's theory, the paper discloses the thoughts of legal history interpretation's limits and costs which are about the theme and the subject of legal history comprehensively in a dialectic and critical way. Then, the paper also considers the Pound's theory's practical significance under the China's special linguistic environment.