Making Sense of Modern Jurisprudence: The Paradox of Positivism and the Challenge for Natural Law

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Authors
Soper, Philip
Issue Date
1989
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INTRODUCTION|Karl Llewellyn once said, referring to Roscoe Pound's work in jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find.|Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence. On the one hand, I do not plan to present the oral equivalent of Pound's multi-volume treatise on the subject and so may, perhaps, be permitted to proceed on the level of the after-dinner speech. On the other hand, Llewellyn's remark suggests that the subject of jurisprudence is never suited to anything less than the "buttressed" scholarly discussion that is to be found in dusty tomes and that an after-dinner speech imitates only at the risk of losing or boring one's audience...
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22 Creighton L. Rev. 67 (1988-1989)
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Creighton University School of Law
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