POUND. Law in Books and Law in Action | Jurisprudence | Equity (Law)Law in action is a legal theory , associated with legal realism , that examines the role of law , not just as it exists in the statutes and cases , but as it is actually applied in society. Law in action scholars often start with observations about the behavior of institutions and work "backwards" toward the legal philosophies guiding courts and traditional jurisprudence. As Kenneth B. Davis, Jr. The first reference to Law in Action may have been a article by Roscoe Pound , the Harvard Law School dean whose work was a forerunner to the legal realism movement. The law in action concept was a natural fit for Wisconsin because of its strong emphasis on the social sciences and the Wisconsin Idea —the concept that the boundaries of campus are the boundaries of the state.
CLSGC 2019 Cotterrell Lecture in Sociological Jurisprudence with Scott Veitch
POUND. Law in Books and Law in Action
Jean-Louis Halperin. I would argue that in the article, Pound did not clearly distinguish between two separate situations: 1 the departure of decisions of courts from statements of statutory or constitutional law, and 2 the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It is not my purpose here to address all of the controversies concerning the relationship between legal science and facts. Hart, and Alf Ross about law and facts.
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