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Roscoe Pound

Roscoe Pound
Roscoe Pound ca 1916.jpg
Born (1870-10-27)October 27, 1870
Lincoln, Nebraska
Died June 30, 1964(1964-06-30) (aged 93)
Cambridge, Massachusetts
Nationality American
Fields Botany
Law
Institutions Harvard Law School
University of Nebraska College of Law
Alma mater University of Nebraska
Influences Louis Brandeis
Influenced Zechariah Chafee

Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was a distinguished American legal scholar and educator. He was Dean of Harvard Law School from 1916 to 1936. The Journal of Legal Studies has identified Pound as one of the most cited legal scholars of the 20th century.

Pound was born in Lincoln, Nebraska, to Stephen Bosworth Pound and Laura Pound.

Pound studied botany at the University of Nebraska in Lincoln, where he became a member of the Chi Phi Fraternity. He received his bachelor's degree in 1888 and his master's degree in 1889. In 1889 he began the study of law; he spent one year at Harvard but never received a law degree. He received the first PhD in botany from the University of Nebraska in 1898.

The University of Nebraska fielded its first football team the year after Pound graduated. Pound traveled with the teams to their games, including their first one. He also covered the team in the student newspaper and even refereed some matches. Pound created many chants and songs for the team and helped create a fan base that traveled well, which is something that the Cornhuskers still see to this day.

In 1903 Pound became dean of the University of Nebraska College of Law. In 1911 Pound began teaching at Harvard and in 1916 became dean of Harvard Law School. He wrote "Spurious Interpretation" in 1907, Outlines of Lectures on Jurisprudence in 1914, The Spirit of the Common Law in 1921, Law and Morals in 1924, and Criminal Justice in America in 1930.

In 1908 he was part of the founding editorial staff of the first comparative law journal in the United States, the Annual Bulletin of the Comparative Law Bureau of the American Bar Association. He was also the founder of the movement for "sociological jurisprudence", an influential critic of the U.S. Supreme Court's "liberty of contract" (freedom of contract) line of cases, symbolized by Lochner v. New York (1905), and one of the early leaders of the movement for American Legal Realism, which argued for a more pragmatic and public-interested interpretation of law and a focus on how the legal process actually occurred, as opposed to (in his view) the arid legal formalism which prevailed in American jurisprudence at the time. According to Pound, these jurisprudential movements advocated “the adjustment of principles and doctrines to the human conditions they are to govern rather than to assumed first principles”. While Pound was dean, law school registration almost doubled, but his standards were so rigorous that one-third of those matriculated did not receive degrees. Among these were many of the great political innovators of the New Deal years.


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