III. — A New School of Jurists 



BY ROSCOE POUND 



Hitherto it has been possible to divide jurists into three prin- 

 cipal groups, according to their views of the nature of law and 

 of the standpoint from which jurisprudence should be ap- 

 proached. We may call these groups the Philosophical School, 

 the Historical School, and the Analytical School. 1 On closer 

 analysis, the Philosophical School falls into two: the Eighteenth 

 Century Law of Nature School, still represented by a Rousseauist 

 school in France, 2 and a Later Philosophical School, of which 

 there are numerous varieties. 3 The historical jurists may be dis- 

 tinguished into the German Historical School, whose method is 

 philosophical and historical, and the English Historical School, 

 whose method is comparative and historical. The Analytical 

 School likewise has an older and a newer phase. The older type, 

 which adheres to the analytical method exclusively, 4 may be dis- 

 tinguished from a later English school whose method is histori- 

 cal as well as analytical. 5 Thus it will be noted that there is a 

 marked tendency to abandon the exclusive use of any one method, 

 and to bring these formerly divergent schools into something 

 like accord. In this movement, however, propinquity has hith- 

 erto played a curious part. The German Historical School arose 



'On schools of jurists, reference may be made to Bluntsch'li, Die neueren 

 Rechtsschulen der deutschen Juristen; Dahn, Rechtsschulen, in his Rechts- 

 philosophische Studien, 132; Dernburg, Pandekten, I, sees. 16, 17; Wind- 

 scheid, Pandekten, I, sees. 7-10; Bryce, Studies in History and Jurispru- 

 dence, Essay XII; Pollock, Oxford lectures, 1-36. 



2 Acollas, V Idee du Droit, (10 ed.), 1889; Introduction a Vttude du Droit, 

 1885. 

 • 3 Lorimer, Institutes of Law , 38; Ahrens, Cours de Droit Naturel, 1, 26-80. 



4 e.g. Amos, Systematic View of the Science of Jurisptudence, 1872; Markby, 

 Elements of Law, 1 ed., 1871; Holland, Jurisprudence, 1 ed., 1880. 



5 Perhaps Salmond (Jurisprudence, 1902) represents a philosophical type 

 of what is still the analytical school. 



University Studies, Vol. IV, No. 3, July, 1904. 



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