The New State, Group Organization the Solution of Popular Government
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For instance, if a rule of commercial law were in question, the search should be for the rule which best accords with and gives effect to sound business practice. * So, Mr. Pound tells us, the idea of justice as the maxi- mum of individual self-assertion, which began to appear at the end of the sixteenth century and reached its high- est development in the nineteenth century, began to give way towards the end of the nineteenth century to the new idea of the end of law. Modern jurists have come ...to consider the working of law more than its ab- stract content; they lay stress upon the social purposes which law subserves rather than upon sanction.^ Mr. Pound then shows us that Gierke's theory of asso- ciation "became as strong an attack upon the individu- ahstic jm-isprudence of the nineteenth century upon one side as Jhering's theory of interests was upon another." The "real personaUty " of the group is plainly expounded by Gierke, that it is not a legal fiction, that is that the law does not create it but merely recognizes that which aheady exists, that this "real person" is more than an aggregation of individuals, that there is a group will which is something real apart from the wills of the asso- ciated individuals.
What to read after The New State, Group Organization the Solution of Popular Government?
You can find similar books in the "Read Also" column, or choose other free books by Follett, Mary Parker, 1868-1933 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
For instance, if a rule of commercial law were in question, the search should be for the rule which best accords with and gives effect to sound business practice. * So, Mr. Pound tells us, the idea of justice as the maxi- mum of individual self-assertion, which began to appear at the end of the sixteenth century and reached its high- est development in the nineteenth century, began to give way towards the end of the nineteenth century to the new idea of the end of law. Modern jurists have come ...to consider the working of law more than its ab- stract content; they lay stress upon the social purposes which law subserves rather than upon sanction.^ Mr. Pound then shows us that Gierke's theory of asso- ciation "became as strong an attack upon the individu- ahstic jm-isprudence of the nineteenth century upon one side as Jhering's theory of interests was upon another." The "real personaUty " of the group is plainly expounded by Gierke, that it is not a legal fiction, that is that the law does not create it but merely recognizes that which aheady exists, that this "real person" is more than an aggregation of individuals, that there is a group will which is something real apart from the wills of the asso- ciated individuals.
What to read after The New State, Group Organization the Solution of Popular Government?
You can find similar books in the "Read Also" column, or choose other free books by Follett, Mary Parker, 1868-1933 to read onlineMoreLess
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