Roscoe Pound
Encyclopedia
Nathan Roscoe Pound was a distinguished American legal scholar and educator. He was Dean of Harvard Law School
from 1916 to 1936. The Journal of Legal Studies
has identified Pound as one of the most cited legal scholars of the 20th century.
, USA to Stephen Bosworth Pound
and Laura Pound.
Pound studied botany at the University of Nebraska (BA, 1888, & MA, 1889) in Lincoln, Nebraska where he became a member of Acacia Fraternity
. In 1889, he began the study of law; he spent one year at Harvard but never received a law degree. He received the first Ph.D.
, in botany
, from the University of Nebraska in 1898.
. He wrote "Spurious Interpretation" in 1907, Outlines of Lectures on Jurisprudence in 1914, The Spirit of the Common Law in 1921, Law and Morals in 1924, and Criminal Justice in America in 1930.
In 1908, he was part of the founding editorial staff of the first comparative law
journal in the U.S., the Annual Bulletin of the Comparative Law Bureau of the American Bar Association
. He was also the founder of the movement for "sociological jurisprudence," an influential critic of the U.S. Supreme Court
's "liberty of contract" (freedom of contract
) line of cases, symbolized by Lochner v. New York
(1905), and one of the early leaders of the movement for American Legal Realism
, which argued for a more pragmatic and public-interested interpretation of law and a focus on how the legal process actually occurred, as opposed to the arid legal formalism
which prevailed in American jurisprudence at the time. According to Pound, these jurisprudential movements advocated “the adjustment of principles and doctrines to the human conditions they are to govern rather than to assumed first principles.” Pound would later turn against the movement and became a leading critic of the legal realists later in his life. In 1934, Pound received a medal from the Nazi government of Germany.
undertook a detailed quantitative study of crime reporting in Cleveland newspapers for the month of January 1919, using column inch counts. They found that, whereas, in the first half of the month, the total amount of space given over to crime was 925 inches, in the second half it leapt to 6642 inches. This was in spite the fact that the number of crimes reported had only increased from 345 to 363. They concluded that although the city's much publicized "crime wave" was largely fictitious and manufactured by the press, the coverage had a very real consequence for the administration of criminal justice. Because the public believed they were in the middle of a crime epidemic, they demanded an immediate response from the police and the city authorities. These agencies wishing to retain public support, complied, caring "more to satisfy popular demand than to be observant of the tried process of law." The result was a greatly increased likelihood of miscarriages of justice and sentences more severe than the offenses warranted.
Dean of Harvard Law School
The Dean of Harvard Law School is the head of Harvard Law School. The current Dean is Martha Minow, the 12th person, and second woman to hold the post.-List of Deans of Harvard Law School:...
from 1916 to 1936. The Journal of Legal Studies
The Journal of Legal Studies
The Journal of Legal Studies is a law journal published by the University of Chicago Press focusing on interdisciplinary academic research in law and legal institutions....
has identified Pound as one of the most cited legal scholars of the 20th century.
Early life
Pound was born in Lincoln, NebraskaLincoln, Nebraska
The City of Lincoln is the capital and the second-most populous city of the US state of Nebraska. Lincoln is also the county seat of Lancaster County and the home of the University of Nebraska. Lincoln's 2010 Census population was 258,379....
, USA to Stephen Bosworth Pound
Stephen Bosworth Pound
Stephen B. Pound was a pioneer lawyer, senator and judge in Nebraska, USA.Born and educated in New York state, Pound moved to Nebraska in 1869...
and Laura Pound.
Pound studied botany at the University of Nebraska (BA, 1888, & MA, 1889) in Lincoln, Nebraska where he became a member of Acacia Fraternity
Acacia Fraternity
Acacia Fraternity is a Greek social fraternity originally based out of Masonic tradition. At its founding in 1904, membership was originally restricted to those who had taken the Masonic obligations, and the organization was built on those ideals and principles. Within one year, four other Masonic...
. In 1889, he began the study of law; he spent one year at Harvard but never received a law degree. He received the first Ph.D.
Ph.D.
A Ph.D. is a Doctor of Philosophy, an academic degree.Ph.D. may also refer to:* Ph.D. , a 1980s British group*Piled Higher and Deeper, a web comic strip*PhD: Phantasy Degree, a Korean comic series* PhD Docbook renderer, an XML renderer...
, in botany
Botany
Botany, plant science, or plant biology is a branch of biology that involves the scientific study of plant life. Traditionally, botany also included the study of fungi, algae and viruses...
, from the University of Nebraska in 1898.
University of Nebraska Football
The University of Nebraska fielded its first football team the year after Pound graduated. Pound traveled with the teams to their games, including their first one. He also covered the team in the student newspaper and even refereed some matches. Pound created many chants and songs for the team and helped create a fan base that traveled well, which is something that the Cornhuskers still see to this day .Law career
In 1903, Pound became dean of the University of Nebraska College of Law. In 1910, Pound began teaching at Harvard and in 1916 became dean of Harvard Law SchoolHarvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
. He wrote "Spurious Interpretation" in 1907, Outlines of Lectures on Jurisprudence in 1914, The Spirit of the Common Law in 1921, Law and Morals in 1924, and Criminal Justice in America in 1930.
In 1908, he was part of the founding editorial staff of the first comparative law
Comparative law
Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese law...
journal in the U.S., the Annual Bulletin of the Comparative Law Bureau of the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
. He was also the founder of the movement for "sociological jurisprudence," an influential critic of the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
's "liberty of contract" (freedom of contract
Freedom of contract
Freedom of contract is the freedom of individuals and corporations to form contracts without government restrictions. This is opposed to government restrictions such as minimum wage, competition law, or price fixing...
) line of cases, symbolized by Lochner v. New York
Lochner v. New York
Lochner vs. New York, , was a landmark United States Supreme Court case that held a "liberty of contract" was implicit in the due process clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the...
(1905), and one of the early leaders of the movement for American Legal Realism
Legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States...
, which argued for a more pragmatic and public-interested interpretation of law and a focus on how the legal process actually occurred, as opposed to the arid legal formalism
Legal formalism
Legal formalism is a legal positivist view in philosophy of law and jurisprudence. While Jeremy Bentham's can be seen as appertaining to the legislature, legal formalism appertains to the Judge; that is, formalism does not suggest that the substantive justice of a law is irrelevant, but rather,...
which prevailed in American jurisprudence at the time. According to Pound, these jurisprudential movements advocated “the adjustment of principles and doctrines to the human conditions they are to govern rather than to assumed first principles.” Pound would later turn against the movement and became a leading critic of the legal realists later in his life. In 1934, Pound received a medal from the Nazi government of Germany.
Criminal Justice in Cleveland
In 1922, Roscoe Pound and Felix FrankfurterFelix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
undertook a detailed quantitative study of crime reporting in Cleveland newspapers for the month of January 1919, using column inch counts. They found that, whereas, in the first half of the month, the total amount of space given over to crime was 925 inches, in the second half it leapt to 6642 inches. This was in spite the fact that the number of crimes reported had only increased from 345 to 363. They concluded that although the city's much publicized "crime wave" was largely fictitious and manufactured by the press, the coverage had a very real consequence for the administration of criminal justice. Because the public believed they were in the middle of a crime epidemic, they demanded an immediate response from the police and the city authorities. These agencies wishing to retain public support, complied, caring "more to satisfy popular demand than to be observant of the tried process of law." The result was a greatly increased likelihood of miscarriages of justice and sentences more severe than the offenses warranted.
Personal life
- In 1903 Pound, with George Condra, founded the Society of InnocentsSociety of InnocentsThe Innocents Society is the Chancellor's senior honorary society at the University of Nebraska-Lincoln, composed of 13 men and women who apply during the spring of their junior year and are selected on the basis of academic excellence, unparalleled leadership, and selfless service to the...
, the preeminent senior honor society at Nebraska. It is still in existence. - Pound is a member of the Nebraska Hall of FameNebraska Hall of FameNebraska Hall of Fame is an official list of prominent Nebraskans compiled in accordance to state law. Members include:*Grace Abbott -- social reformer and social worker....
. - Pound was a FreemasonFreemasonryFreemasonry is a fraternal organisation that arose from obscure origins in the late 16th to early 17th century. Freemasonry now exists in various forms all over the world, with a membership estimated at around six million, including approximately 150,000 under the jurisdictions of the Grand Lodge...
, and was a member and Past Master of Lancaster Lodge No. 54 AF & AM Lincoln, Nebraska. He also served as Deputy Grand Master for the Grand Lodge of Massachusetts in 1915 and delivered a series of Masonic lectures for the Grand Lodge in March and April 1916. - Pound helped to found The Harvard Lodge A.F. & A.M. along with Kirsopp LakeKirsopp LakeKirsopp Lake was a New Testament scholar and Winn Professor of Ecclesiastical History at Harvard Divinity School. He had an uncommon breadth of interests, publishing definitive monographs in New Testament textual criticism, Greek palaeography, theology, and archaeology...
a Professor of the Divinity SchoolDivinity SchoolDivinity School may refer to:* The common noun, divinity school* When used as a proper noun, may be an abbreviated reference to one of the following:** Beeson Divinity School** Berkeley Divinity School** Brite Divinity School...
, and others. - Pound was the brother of noted folklorist and scholar Louise PoundLouise PoundLouise Pound was a distinguished American folklorist and college professor at the University of Nebraska.-Early life:...
.
External links
- Roscoe Pound papers at Nebraska State Historical SocietyNebraska State Historical SocietyThe Nebraska State Historical Society is a Nebraska state agency, founded in 1878 to "encourage historical research and inquiry, spread historical information .....
- Justice According to Law (1914) essay
- The Spirit of the Common Law (1921) book based on Dartmouth Alumni Lectures
- Roscoe Pound, An Introduction to the Philosophy of Law (New Haven: Yale University Press, 1922). See original text in The Online Library of Liberty.
- Roscoe Pound, The Ideal Element In Law, ed. Stephen Presser (Indianapolis: Liberty Fund 2002). See original text in The Online Library of Liberty.
- www.law.harvard.edu/news/spotlight/classroom/related/hls-deans.html