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【中國憲法資料】(轉貼)羅斯科.龐德
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羅斯科·龐德(Roscoe Pound,1870年--1964年)是美國20世紀著名法學家。生平1870年,龐德出生於美國內布拉斯加州的Lincoln。龐德在內布拉斯加大學(University of Nebraska-Lincoln)學習植物學,分別於1888年和1889年獲得學士和碩士學位。1889年,他到哈佛大學法學院學習,一年後轉到西北大學法學院,在那裡讀完了法律學位。他返回內布拉斯加州開業當律師,繼續他的植物學研究。1898年,他在內布拉斯加大學獲得了植物學博士學位。1903年,龐德成為內布拉斯加大學法學院院長。1910年,他開始在哈佛任教,並於1916年成為哈佛大學法學院的院長。 他是“社會學法學”運動的奠基人,美國法律現實主義運動的早期代表人物,該運動主張更加實用地並依據公共利益來解釋法律,並側重於實際發生的法律過程,反對當時美國法學界盛行的法律實證主義。 他有力批判了當時美國最高法院以Lochner v. New York(1905)案為代表的有關“合同自由”的判例。龐德後來反對該運動,並在其生命的後期成了對法律現實主義的著名批判者。作品選- 《法理學概述》(Outlines of Lectures on Jurisprudence),1914年
- 《普通法的精神》(The Spirit of the Common Law),1921年
- 《法與道德》(Law and Morals),1924年
- 《美國刑事公正》(Criminal Justice in America),1930年。
1870年出生1964年逝世美國法律學者Roscoe Pound
【家國主義 家主政治 中華家國】健保免費連線《梅峰》
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(轉貼)Roscoe Pound, From Wikipedia
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Roscoe Pound, 1870-1964
RG0911.AM: Roscoe Pound, 1870-1964
Papers: 1880-1963, mostly 1930s-1950s Lincoln, Lancaster County, Neb.; Chicago, Ill.; and Massachusetts: Lawyer, educator Size: 2.5 cu. ft.
BIOGRAPHICAL NOTE Nathan Roscoe Pound was born on October 27, 1870, in Lincoln, Nebraska. He was the son of Stephen B. Pound, a lawyer and judge, and Laura Biddlecome Pound, a native of New York. Roscoe Pound earned his B.A, M.A, and Ph.D. degrees in botany at the University of Nebraska and was one of Dr. Charles E. Bessey's first serious botany students at the university. Pound began studying law at Harvard in 1889 but stayed only a year before returning to Nebraska to begin his own practice. He was admitted to the Nebraska Bar without a law degree, and from 1899 to 1907, Pound taught law at the University of Nebraska, serving as Law School Dean during his final four years. He was also Commissioner of Appeals of the Nebraska Supreme Court from 1901 to 1903 and later taught at Northwestern University and the University of Chicago before becoming a law professor at Harvard in 1910. In 1916, Pound became Dean of the Harvard Law School, a post he held until his retirement in 1936, at which point he agreed to stay on as a professor. This appointment made him Harvard's first professor with a license to teach any subject in the university, not only law. At the age of 76, Pound resigned from teaching to accept an invitation from Chiang Kai-Shek to codify Chinese Laws. During his long career Pound held many posts of legal prominence, including the presidency of the Association of American Law Schools, membership in the standing advisory committee for the jurist section of the International Institute of Intellectual Cooperation, and membership on the Wickersham Commission which reported to President Hoover in 1931 on the prohibition law. Pound held some 200 honorary degrees from universities in this country and abroad. In 1940 he was awarded the Golden Medal of the American Bar Association for "conspicuous service to the cause of American jurisprudence." Roscoe was a past master of Lancaster Lodge 54 AF&AM in Lincoln and grand orator of the Grand Lodge AF&AM of Nebraska, of which he was an honorary past grand master. He received the 33rd degree of the Scottish Rite in 1913 in Philadelphia. Roscoe made his last appearance in Nebraska in March 1960 when he delivered a lecture at the University of Nebraska College of Law, where in 1950 the Roscoe Pound Lectureship was established. His first wife, Grace Gerrard of Columbus, Nebraska, died in 1928. In 1931, he married Mrs. Lucy Miller of Washington, D.C. who died in 1959. Roscoe Pound died on June 30, 1964 at the age of 93 in Cambridge, Massachusetts. He left no survivors. SCOPE AND CONTENT NOTE This collection is arranged in four series: 1) Correspondence, 1889-1963; 2) Writings by Roscoe Pound, 1893-1962, n.d.; 3) Writings about Roscoe Pound, 1896-1964, n.d.; and 4) Miscellaneous. Series 1, Correspondence, 1889-1963, consists of both incoming and outgoing letters of Roscoe Pound. A portion of the correspondence relates to major events in Roscoe's, life, including his second marriage, resignation of the Harvard deanship, and his 75th birthday celebration. Correspondence with Paul Sayre regarding Pound's biography is also included. Series 2, Writings by Roscoe Pound, 1893-1962, n.d., includes various articles by Pound. The majority of the writings appeared in the Harvard Law Review and other legal publications and date from 1903-1962. Also included in this series are a few Nebraska court case briefs. Series 3, Writings about Roscoe Pound, 1896-1964, n.d., consists of articles and biographical sketches authored by various sources. Of particular note are the items authored by Roscoe's mother and sisters. Also included in this series is a manuscript draft for the Roscoe Pound biography authored by Paul Sayre. The remainder of this series consists of alumni magazine articles and newspaper clippings. Series 4, Miscellaneous, includes a student essay and Roscoe's report cards from his years as a student at the University of Nebraska, general information regarding the entire Pound family, a biographical sketch for Dr. Francis F. Tucker, and miscellaneous newspaper clippings. RELATED COLLECTIONS AT NSHS RG0909: Pound Family RG0910: Laura Biddlecombe Pound RG0912: Louise Pound RG0913: Olivia Pound RG1074: William Henry Woods RG2239: Mamie Jane Meredith RG2974: Samuel M. Chapman RG3734: Hazlett and Jack
DESCRIPTION Series 1 - Correspondence, 1889-1963 Box 1 Folder- Roscoe to his parents, 1889-1919
- Roscoe or Grace (Mrs. Roscoe) Pound to Laura Pound, 1915-1928
- Roscoe or Grace (Mrs. Roscoe) Pound to Olivia, 1910-1932
- Roscoe to Olivia or Louise, 1933-1944
- Roscoe to Olivia or Louise, 1945-1948
- Roscoe to Olivia, 1949-1959
- Roscoe to Olivia, 1960-1961
- Notable political and legal figures, 1919-1943
- University of Wisconsin presidency, 1925
- Congratulatory letters on marriage to Lucy Miller, 1931
- Resignation of Harvard deanship, 1935-36
- Resignation of Harvard deanship, 1935-36
- Overseas trip, 1937
Box 2 Folder- Overseas trip, 1937
- 75th birthday, 1945
- Arthur D. Nock, 1942-1951
- Paul Sayre (regarding biography), 1944-47
- Miscellaneous, 1896-1963
Series 2 - Writings by Roscoe Pound, 1893-1962, n.d. - Nebraska court case briefs, 1893, 1908
- Harvard Law Review, 1908-1915
- Harvard Law Review, 1917-1919
- Harvard Law Review, 1936, 1944
- Harvard Law Review, 1945, 1952
- Fundamental American Principles series pamphlets, 1945
Box 3 Folder- Miscellaneous publications, 1903-1921
- Miscellaneous publications, 1924-1952
- Miscellaneous publications, 1954-1962, n.d.
Series 3 - Writings about Roscoe Pound, 1896-1964, n.d. - Roscoe Pound biography by Paul Sayre, manuscript draft
- Roscoe Pound biography, book reviews
- Writings by Laura, Louise, and Olivia Pound
- Biographical sketches, various sources
- Harvard Law School publications, 1925-1962
Box 4 Folder- Harvard Law School Yearbook (dedicated to Pound), 1945-1946
- University of Nebraska Alumni magazines, 1916-1960
- Miscellaneous publications, 1926-1950
- Miscellaneous publications, 1959-1960
- Clippings, Roscoe's legal opinions
- Clippings, career at Harvard and University of Wisconsin presidency rejection
- Clippings, short-term position at UCLA
- Clippings, trip to China, 1947
- Clippings, trips to Nebraska
Box 5 Folder- Clippings, honors and awards
- Clippings, biographical, etc.
- Scrapbook of clippings, 1896-1938
- Clippings, obituaries, 1964
Series 4 - Miscellaneous - Event programs, etc.
- University of Nebraska (includes Pound's graduation announcement, various report cards, and a student essay written by Pound)
- Pound family, biographical and genealogical materials
- Pound family, clippings
- Dr. Francis F. Tucker, biographical sketch, 1958
- Clippings, Nebraska history
- Clippings, misc.
- Misc.
ADDED ENTRIES Constitutional law Educators -- United States International law Jurisprudence -- United States Law -- Philosophy Law -- Study and teaching Lawyers -- United States Pound, Laura Biddlecombe, 1841-1928 Pound, Louise, 1872-1958 Pound, Olivia, 1874-1961 Pound, Roscoe, 1870-1964
12-12-2006 Revised TMM
For additional information about this collection, please contact our Library Staff.
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http://www.nebraskahistory.org/lib-arch/research/manuscripts/family/poundroscoe.htm Last updated 13 November 2007
Roscoe PoundFrom Wikipedia, the free encyclopediaNathan Roscoe Pound (October 27, 1870 – June 30, 1964) was a distinguished American legal scholar and educator.
[edit]Early lifePound was born in Lincoln, Nebraska, USA to Stephen Bosworth Poundand 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. [1]In 1889, he began the study of law; he spent one year atHarvard but never received a law degree. He received the first Ph.D., in botany, from the University of Nebraska in 1898.
[edit]Law careerIn 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 School. He wrote "Spurious Interpretation" in 1907,Outlines of Lectures on Jurisprudence in 1914, The Spirit of the Common Law [1] in 1921, Law and Moralsin 1924, and Criminal Justice in America in 1930. He was the founder of the movement for "sociological jurisprudence," an influential critic of the U.S. Supreme Court's "liberty 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. Pound would later turn against the movement and became a leading critic of the legal realists later in his life.
[edit]Criminal Justice in ClevelandIn 1922, Roscoe Pound and Felix 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.[2][3]
One of his most oft-quoted views was on professionalism: The term [professionalism] refers to a group pursuing a learned art as a common calling in the spirit of public service - no less a public service because it may incidentally be a means of livelihood. Pursuit of the learned art in the spirit of a public service is the primary purpose. [4]
[edit]Miscellaneous
[edit]See also
- ^ Acacia Fraternity. "Acacia Fraternity: Notable Acacians". Retrieved on 2008-10-30.
- ^ Jensen, Klaus Bruhn (May 10, 2002). A Handbook of Media and Communication Research: Qualitative and Quantitative Methodologies. UK: Routledge. ISBN 0-415-22588-4. p. 45-46
- ^ Pound, Roscoe; Felix Frankfurter (1922). Criminal Justice in Cleveland. Cleveland, OH: The Cleveland Foundation. p. 546
- ^ Pound, Roscoe (1953). The Lawyer from Antiquity to Modern Times. St. Paul, Minn.: West Publishing Co.,. p. 5.
[edit]References- Pound, Roscoe. American National Biography. 17:760-763. 1999.
[edit]External links
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