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Guidelines On The Legal Value Pound Research

Posted on:2014-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:H YuFull Text:PDF
GTID:2266330401469707Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Value is one of the classic problems of legal history, value criterion as the value system is especially important. Philosophy of law criterion of legal value theory of Pound and its contained, is an important part of Pound’s sociological jurisprudence.The formulation, development and application of process focus on law, Pound put forward three kinds of legal values. The first is through empirical method, namely the legal value criterion. It was formed in twentieth Century by the United States of America, it is the pragmatism philosophy as the theoretical basis, that the legal system aims to maximize the realization of interests with minimum sacrifice. People found the adjustment of social relations and behavior through experience, and through the rational development of these methods, to achieve better results in the limit. The second is the rational value criterion, people use a certain time and space civilization law assumes value evaluation, it is developed based on Koehler’s inheriting civilization, it is suitable for people to benefit particular civilization adjustment, has the limitations of time and space, at the same time, as a kind of legal values, it meets in the social stability period interest measure utility. The third is the authority of the concept, it is the ideal picture of people about the legal order, is the ideal picture of a society of people as the foundation, combined with the current social situation to develop, for the formation of modern society. It is traditional, the authority of the concept of continuous development, twentieth Century period, both have free competition this picture of an ideal picture of ideas, and mutual cooperation concept. Pound think, a legal evaluation of the ultimate criterion is impossible to exist, or even if there is not easy to be people to use.Criteria of legal value is the pursuit of people, is the value standard of people evaluate the law phenomenon; is a measure of human conflicts and overlapping interests scale. Three principles of legal value of Pound will let us realize to the legal concept of in-depth, detailed knowledge, and then understand the legal values of all kinds of.
Keywords/Search Tags:Pound’s Sociological Jurisprudence, Criterion of legal value, Pragmatism, Jural postulates, Ideal picture
PDF Full Text Request
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