Science of Legal Method. Select Essays by Various Authors

1917. Bruncken, Ernest, [1865-1933], Translator. Register, Layton B., [1882-1961], Translator. Sheldon, Henry N., Introduction. Salmond, John W., Introduction. Science of Legal Method. Select Essays by Various Authors. Translated by Ernest Bruncken and Layton B. Register. With Introductions by Henry N. Sheldon and John W. Salmond. New York: The MacMillan Company, 1917. lxxxvi, 593 pp. Modern Legal Philosophy Series. Publisher's cloth hardcover with gilt title to spine. Moderate shelfwear with some rubbing to extremities. Inscription of "Edwin W. Patterson/ Columbia University" to front free endpaper. Negligible light toning to interior, a few cracks to text block, all leaves secure. $95. * A translated collection of essays discussing legal methodology and philosophy containing writings from prominent Continental and Anglo-American jurists of the era, exploring the nature of law, its creation, and its development through both judicial decisions and legislation. The book is divided into two parts: Part 1: The Problem of the Judge which examines judicial decision-making and legal reasoning and includes essays from various legal scholars on topics such as: Judicial discretion: The necessity, methods, and principles behind judicial freedom of decision, with essays by Francois Geny and Eugen Ehrlich. Methods of legal reasoning: The role of logic and sociological methods in juridical thinking, with essays by Johann Georg Gmelin and Karl Georg Wurzel. Judicial interpretation of statutes: The process by which judges interpret and apply enacted laws. The nature of law: The respective roles of codified law versus case-law in shaping the policies of justice. The second part deals with the Problem of the Legislator. This part focuses on legislative practice and the scientific method of drafting laws. Essays in this section include - scientific codification: A discussion of methods for scientifically drafting legal codes and legislative drafting; An examination of the technical aspects of drafting modern civil codes, including a contribution from Roscoe Pound, then dean of the Harvard Law School. This copy was owned by, Edwin W. Patterson, a notable author and professor who greatly influenced insurance policy in New York.