【作者】庞德,R.
【内容提要】
Until recently, it has been possible to divide jurists into three principal groups, according to their views of the nature of law and of the standpoint from which the science of law should be approached. We may call these groups the Philosophical School, the Historical School, and the Analytical School.' On closer analysis, the Philosophical School falls into three: an Eighteenth-Century Law-of-Nature School, perhaps still represented by a Rousseauist School in France, and not without representatives in American juristic thought,a Metaphysical School, dominant in philosophical jurisprudence during the first half of the nineteenth century,and a Social-Philosophical School, of which there are several varieties, but in which the Neo-Hegelians seem to have the most fruitful program.The historical jurists may be distinguished into a German Historical School, whose method is philosophical (indeed often metaphysical) and historical, and an English Historical School, whose method is comparative and historical.