LEGAL 250 Lecture Notes - Lecture 10: Roscoe Pound
16 Oct 2017
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Role of law: roscoe pound and the preservation/maintenance of a particular order in environment of scarce resources; conflict avoidance and conflict resolution. Making the calls as to what claims are actionable, and subsequently whose claims are. Says there are conflicts of interest in society, and he says that law is necessary to decide. First , pragmatically make the calls as have been made before (i. e. precedent) - apply law. Second , by evaluating the claims through the lens of so-called jural postulates or basic to claims in a manner that appears consistent with previous applications of similar claims. rules of conduct providing a baseline to social intercourse. 1. we live in a society protected from and prohibiting intentional aggression. 3. in that society we expect and assume that folks will act ing good faith. 4. in society we actually do care as to not harm others goals of society.
