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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.
In Defense of the Constitution refutes modern critics of the Constitution who assail it as "reactionary" or "undemocratic." The author argues that modern disciples of Progressivism are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. Furthermore, he contends, Progressive interpreters of the Constitution subtly distort fundamental principles of the Constitution for the precise purpose of achieving their egalitarian goals. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court—or judicial supremacy.
Key elements and issues in this transformation of the original republic into an egalitarian mass society are thoroughly examined.
George W. Carey is Professor of Government at Georgetown University and editor of The Political Science Reviewer.
Renowned for his Civilization of the Renaissance in Italy and Reflections on History (published by Liberty Fund), Jacob Burckhardt (1818–1897) has well been described as "the most civilized historian of the nineteenth century." Judgments on History and Historians consists of records collected by Emil Dürr from Burckhardt's lecture notes for history courses at the University of Basel from 1865 to 1885. The 149 brief sections span five eras: Antiquity, the Middle Ages, History from 1450 to 1598, the History of the Seventeenth and Eighteenth Centuries, and the Age of Revolution. As Walter Goetz observed of the work a generation ago, "It is impossible to imagine a more profound introduction to world history and its driving forces."
Alberto R. Coll is a Professor of Strategy and Policy at the United States Naval War College, Newport, Rhode Island.
In a landmark work, a leading scholar of the eighteenth century examines the ways in which an understanding of the nature of history influenced the thinking of the founding fathers.
As Jack P. Greene has observed, "[The Whig] conception saw the past as a continual struggle between liberty and virtue on one hand and arbitrary power and corruption on the other." Many founders found in this intellectual tradition what Josiah Quincy, Jr., called the "true old English liberty," and it was this Whig tradition—this conception of liberty—that the champions of American independence and crafters of the new republic sought to perpetuate. Colbourn supports his thesis—that "Independence was in large measure the product of the historical concepts of the men who made it"—by documenting what books were read most widely by the founding generation. He also cites diaries, personal correspondence, newspapers, and legislative records.
Trevor Colbourn is President Emeritus of the University of Central Florida.
Delivered at Cambridge University between 1895 and 1899, Lectures on the French Revolution is a distinguished account of the entire epochal chapter in French experience by one of the most remarkable English historians of the nineteenth century. In contrast to Burke a century before, Acton leaves condemnation of the French Revolution to others. He provides a disciplined, thorough, and elegant history of the actual events of the bloody episode—in sum, as thorough a record as could be constructed in his time of the actual actions of the government of France during the Revolution. There are twenty-two essays, commencing with “The Heralds of the Revolution,” in which Acton presents a taxonomy of the intellectual ferment that preceded—and prepared—the Revolution. An important appendix explores “The Literature of the Revolution.” Here Acton offers assessments of the accounts of the Revolution written during the late eighteenth and the nineteenth centuries by, among others, Burke, Guizot, and Taine.
Kenneth Minogue offers a brilliant and provocative exploration of liberalism in the Western world today: its roots and its influences, its present state, and its prospects in the new century. The Liberal Mind limns the taxonomy of a way of thinking that constitutes the very consciousness of most people in most Western countries.
While few—especially in America—embrace the description of liberal, still, Minogue argues, most Americans and most Europeans behave as liberals. At least they are the heirs of what Minogue describes as "the triumph of an enlarged, flexible, and pragmatic version of liberalism."
But what, precisely, is liberalism? Or, more accurately, can liberalism be defined precisely? Minogue attempts to answer both questions. "The Liberal Mind attempts to uncover the philosophy of liberalism and lay bare its implications. What is Man? How does he think and feel? What is the place of Reason in human affairs? How should men live? What is politics, and what is it for? These are the questions which liberalism both asks and answers. The answers supply a technique of living, which is a utilitarian moral guide: yet the great advantage claimed for this code is that it is scientific. Because of this claim, liberalism is forced into a series of moral and political evasions, both doctrines and emotional habits of thought. These are dissected in The Liberal Mind."
The past two centuries have been characterized, in the West at least, by "the fury of old ideological battles . . . such as: A planned economy, or free enterprise? Individual thrift, or social services? Free trade, or protection?" These battles have largely been completed—and, many would say, have been won by the champions of, respectively, free enterprise, individual thrift, and free trade.
By examining the larger implications of the concept of liberalism, Minogue offers fresh perspective on the political currents that continue to shape governments and policy in the Western world.
Kenneth Minogue is Emeritus Professor of Political Science at the University of London.