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29 N.C. L. Rev. 93 (1950-1951)
Book Reviews

handle is hein.journals/nclr29 and id is 105 raw text is: BOOK REVIEWS New Paths of the Law. By Roscoe Pound. Lincoln: The University of Nebraska Press. 1950. Pp. 69. $2.00. Now, in mid twentieth century, multitudes of people shout for the attention of one another, and the shouts are as loud for matters of small moment as for matters of large importance. The cries of Com- munists, the propaganda for the United Nations, and the calling of religious leaders mingle with the noise of those who extol suds, cures, and candies. This book, consisting of but sixty-nine pages, with two of those left blank, by its very thinness may succeed in luring attention away from competing attractions, since here one may, with the expendi- ture of only a little time, obtain the reaction of one of the giants of jurisprudence to our confused, complex, and turbulent modern legal scene. Roscoe Pound, a man who, in his courses at Harvard Law School, made generations of law students acquainted with the world's great juristic thought, who himself added one of the most outstanding contributions to that thought made by any American jurist, and whose particular genius has been his ability to draw panoramic pictures of the large scale movements in human thought during the course of centuries, is qualified, as few men of our time are qualified, to comment on the large scale significance of what is happening in the disturbed legal order of our age. If this reads a little like a eulogy, it is to be noted that when the literal truth about a man reads like a eulogy, that man's mature comments on the life of his time are worth a brief pause to read, especially when his comments are so terse that the required pause can be brief. The book consists of three lectures dielivered by Pound at the Uni- versity of Nebraska in 1950. In the first lecture, called The Path of Liberty, he expounds the idea that law in the nineteenth century sought to realize a maximum of free individual self assertion, and he sets forth many influences which caused the law to move along such a path. First, the period from the sixteenth to the nineteenth century was an era of discovery, colonization, and development. A time of opportunity calls for liberty so that individuals may be free to seize their opportunities. Also there was the influence of Magna Carta and the Declaration of Independence; of the doctrine of the common law rights of Englishmen and the theory of the natural rights of man; of Kant's theory of allow- ing the maximum amount of free assertion of the will of each person compatible with a like assertion of the wills of others; of Maine's view

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