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7 Am. L. Sch. Rev. 1057 (1930-1934)
Modern Trends in Jurisprudence

handle is hein.journals/amerlsr7 and id is 1063 raw text is: Modern Trends in Jurisprudence Modern Trends in Jurisprudence A symposium held at the Thirty-First Annual Meeting of the Association of American Law Schools in Chicago, December 30, 1933. LAW AND THE SCIENCE OF LAW IN RECENT THEORIES By ROSCOE POUND Dean of the Harvard University Law Seool REALISM IN JURISPRUDENCE By JEROME FRANK General Counsel, AgriculturaZ Adjustment Administration JUDGING AS ADMINISTRATION By JOSEPH C. HUTCHESON, JR. Judge, United States Circuit Court of Appeals, Fifth Circuit LAW AND THE SCIENCE OF LAW IN RECENT THEORIES By Roscoe Pound TJ echtswissenschaft, says Kantoro- 1 wicz, ist Wortwissenschaft. Much of the discussion as to the nature of law which raged in the last century, and much which goes on today, seems to justify this gibe. The analytical jurists assumed that law was an aggregate of laws. It followed that by analyzing and defining a law they could arrive at an understanding of law. From that standpoint law was a body of legal pre- cepts and the task of a science of law, was to distinguish those precepts from others superficially analogous. When they had done this and had excluded everything but legal precepts or laws properly so- called, they felt that they had arrived at the pure fact of law, as they called it, that they had determined the province #of jurisprudence, and that they were on a solid footing of reality. The historical jurists, starting with primitive where the analytical jurists started with developed systems, could find there no differentiat- ed social control. Law in the sense of a body of laws, morals, ethical custom, cus- tomary courses of decision, customary modes of conducting transactions, and even religious rites were found making up an undifferentiated body of precepts of social control. So they assumed that all social control was law. They thought of the legal order, one phase or side of social control, as the immediate province of jurisprudence, and concerned them- selves with the basis of the authority, the nature of the sanctions and the mode of evolution of the legal order in the socie- ties of western Europe and of its char- acteristic institutions. 'How completely analytical jurist and historical jurist were talking of different things while discussing 1057

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