16K英文罗斯科·庞德：普通法的精神.doc

THE SPIRIT OF THE COMMON LAW BY ROSCOE POUND CARTER PROFESSOR OF JURISPRUDENCE IN HARVARD UNIVERSITY Printed in United States of America THE MURRAY PRINTING COMPANY CAMBRIDGE, MASS. INDEX TOC \t Heading 1,1 I. FOREWORD THE DARTMOUTH ALUMNI LECTURESHIPS PAGEREF _Toc255235398 \h 3 II. ERNEST MARTIN HOPKINS PAGEREF _Toc255235399 \h 5 I. THE FEUDAL ELEMENT PAGEREF _Toc255235400 \h 7 II. PURITANISM AND THE LAW LEGAL history PAGEREF _Toc255235401 \h 21 III. THE COURTS AND THE CROWN ON a memorable PAGEREF _Toc255235402 \h 34 IV. THE RIGHTS OF ENGLISH MEN AND THE RIGHTS OF MAN IN PRIMITIVE law PAGEREF _Toc255235403 \h 45 V. THE PIONEERS AND THE LAW IN the highly organized urban life PAGEREF _Toc255235404 \h 57 VI. THE PHILOSOPHY OF LAW IN THE NINETEENTH CENTURY IN primitive society PAGEREF _Toc255235405 \h 69 VII. JUDICIAL EMPIRICISM PAGEREF _Toc255235406 \h 81 VIII. LEGAL REASON WILLIAM JAMES tells a story PAGEREF _Toc255235407 \h 93 FOREWORD THE DARTMOUTH ALUMNI LECTURESHIPS FOREWORD THE DARTMOUTH ALUMNI LECTURESHIPS have been established upon the theory that the influence of the intellectual life of the College ought to be available, in some degree at least, to others than those who are in residence as students,--as for example, to graduates who are solicitous for some contact with the College which will help to maintain the breadth of their scholarship; or to friends who are interested in the kinds of intellectual interest for which the College wishes to stand. The suggestion of the particular form which the project of these lectureships has taken was made in my inaugural address in 1916 when statement was made as follows: I am very sure that the contribution of the College to its graduates ought to be continued in some more tangible way than exists at present. The tendency of college men to seek careers outside the professions, the tendencies of the professions themselves to become so highly specialized as to necessitate the complete engrossment of