" William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This book is intended to challenge Frege's Begriffsschrift as the foundation of philosophical work which either uses formal methods or is inspired by them s it attempts the synthesis of the antithetical ideas associated with Wittgenstein, the Picture-Theory, and the language-game conceived as the untimate level of explanation.

Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and (...) liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes. (shrink)

The church in legal history: The idea of universality. The idea of authority. The idea of good faith. The idea of law. By R. Pound.--The function of law in society today: The future of the common law, by D. J. Lyne. Law and civil liberty, by G. Clark. Natural law and positive law, by H. D. Castro. Law and ethics, by J. J. Burns.

The revival of absolutism -- The give-it-up philosophies -- The pssibility of a measure of values.

What is justice? -- What is law? -- Judicial justice.

Telling stories after a loved one’s death helps surviving family members to find meaning in the experience and share perceptions about whether the death was consistent with the deceased person’s values and preferences. Opportunities for physicians to evaluate the experience of a patient’s death and to expose the ethical concerns that care for the dying often raises are rare. Narrative medicine is a theoretical perspective that provides tools to extend the benefits of storytelling and narrative sense–making to physicians. This case (...) study describes narrative writing workshops attended by physicians who care for dying patients. The narratives created revealed the physicians’ concerns about ethics and their emotional connection with patients. This case study demonstrates that even one–time reflective writing workshops might create important opportunities for physicians to evaluate their experiences with dying patients and families. (shrink)

Studies exploring how students learn and understand science processes such as diffusion and natural selection typically find that students provide misconceived explanations of how the patterns of such processes arise (such as why giraffes’ necks get longer over generations, or how ink dropped into water appears to “flow”). Instead of explaining the patterns of these processes as emerging from the collective interactions of all the agents (e.g., both the water and the ink molecules), students often explain the pattern as being (...) caused by controlling agents with intentional goals, as well as express a variety of many other misconceived notions. In this article, we provide a hypothesis for what constitutes a misconceived explanation; why misconceived explanations are so prevalent, robust, and resistant to instruction; and offer one approach of how they may be overcome. In particular, we hypothesize that students misunderstand many science processes because they rely on a generalized version of narrative schemas and scripts (referred to here as a Direct-causal Schema) to interpret them. For science processes that are sequential and stage-like, such as cycles of moon, circulation of blood, stages of mitosis, and photosynthesis, a Direct-causal Schema is adequate for correct understanding. However, for science processes that are non-sequential (or emergent), such as diffusion, natural selection, osmosis, and heat flow, using a Direct Schema to understand these processes will lead to robust misconceptions. Instead, a different type of general schema may be required to interpret non-sequential processes, which we refer to as an Emergent-causal Schema. We propose that students lack this Emergent Schema and teaching it to them may help them learn and understand emergent kinds of science processes such as diffusion. Our study found that directly teaching students this Emergent Schema led to increased learning of the process of diffusion. This article presents a fine-grained characterization of each type of Schema, our instructional intervention, the successes we have achieved, and the lessons we have learned. (shrink)

Yüan shu shih wei Mei-kuo ta hsüeh sheng chʻu hsüeh fa lü erh tso, ku chʻi nei jung tsʻe chung Ying Mei fa lü ti yen chiu.

“Among books of similar scope, this is the recognized classic. Those who read this book will have the strange privilege of _thinking things together_ in the law from the beginning of world history to the moment Pound sent his writings to the printer.”—_American Bar Association Journal_.

v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.

We employ the Social Signaling Model and life history of a Western Dani big-man, Tibenuk, to analyze a neglected curiosity in the career of the big-man type. The big-man is renowned as an economic entrepreneur, the master of material displays. In New Guinea, however, big-men had invariably first gained fame and some influence as eminent warriors. The SSM accounts for this two-part career path by proposing that small-scale social organization rests on honest, competitive signaling of individual and collective fighting strength, (...) with leaders being those who excel in these contests. The performances for which big-men are already known, conspicuous ceremonial displays, broadcast this strength indirectly. Explicitly conceptualized as symbolic fighting, they constituted indexical proxies for their sponsors’ individual and collective willingness and ability to fight. Success on the battlefield, though, signaled fighting strength more directly. Men therefore had to demonstrate strength on both the battlefield and the ceremonial ground if they were to become big-men. This was Tibenuk’s achievement. When he was young and at his physical peak, he demonstrated outstanding capability in war. War is a young man’s game, however, and as his physical capacities waned, he shifted to politics, an older man’s game, honing his political talents and developing extensive political networks that allowed him to sponsor massive pig feasts, the principal form of conspicuous ceremonial display. Tibenuk’s career also reveals synergies between warrior and political talents that hitherto have been overlooked in big-man analysis. (shrink)

In saying this he had reference to practical activities such as medicine and law . In these the practitioner is in constant contact with the facts of life ...

The sublime - that elusive encounter with overwhelming height, power or limits - has had a long relationship with music, from the early-modern rise of interest in the Longinian sublime to its saturation of European culture in the later nineteenth century and beyond. Music sits in productive tension with the sublime in many foundational texts. Yet sustained attention to this relationship has been relatively uncommon. Scholars in other fields have called for a moratorium on studies of the sublime, yet there (...) are remarkably few books dedicated to the sublime and music. Drawing together perspectives from musicology, sound studies, literary studies, intellectual history and theology, this collection offers a perspective on music that responds to current understandings of the sublime as a pre-disciplinary category traversing the arts, sciences and humanities. (shrink)