Footnotes (172)



'From Savigny through Sir Henry Maine': Roscoe Pound’s Flawed Portrait of James Coolidge Carter’s Historical Jurisprudence

Lewis A. Grossman

American University - Washington College of Law

American University, WCL Research Paper No. 2009-21

In Roscoe Pound's scathing 1909 review of Law: Its Origin, Growth and Function, American jurist James Coolidge Carter's magnum opus, Pound asserted that Carter's conception of law "comes from Savigny through Sir Henry Maine." Frederich Karl von Savigny and Sir Henry Maine were the most prominent representatives of the German and English historical schools of jurisprudence, respectively. For his part, Carter was the leading representative of historical jurisprudence in the United States.

Other scholars, following Pound, have similarly linked Carter to Savigny and Maine, especially to the former. Moreover, various authors have noted the great effect these European jurists had on American legal thought in general in the late nineteenth century. However, few studies have closely analyzed the impact Savigny and Maine had on Carter or other particular American legal thinkers. Because Carter's perceived debt to these giants of jurisprudence has significantly influenced how others have viewed him, and American historical jurisprudence generally, it is important to examine the precise extent and nature of this debt.

This working paper argues that Carter did not simply borrow his jurisprudence from Savigny and Maine, but rather conceived it largely on his own. The paper then explores how Pound's mistaken assumption that Carter's thought was essentially equivalent to Savigny's led him to paint an influential but flawed portrait of Carter as a rigidly logical jurist in the natural law tradition. By pigeonholing Carter as a Savigny-inspired "metaphysical historical jurist," Pound blinded himself to various ways in which Carter's thought was actually compatible with his own "sociological" approach.

Number of Pages in PDF File: 51

Keywords: James Coolidge Carter, Savigny, Henry Maine, historical jurisprudence

Open PDF in Browser Download This Paper

Date posted: May 21, 2009 ; Last revised: June 23, 2009

Suggested Citation

Grossman, Lewis A., 'From Savigny through Sir Henry Maine': Roscoe Pound’s Flawed Portrait of James Coolidge Carter’s Historical Jurisprudence. American University, WCL Research Paper No. 2009-21. Available at SSRN: http://ssrn.com/abstract=1407623 or http://dx.doi.org/10.2139/ssrn.1407623

Contact Information

Lewis A. Grossman (Contact Author)
American University - Washington College of Law ( email )
4300 Nebraska Avenue, NW
Washington, DC 20016
United States
Feedback to SSRN

Paper statistics
Abstract Views: 2,079
Downloads: 331
Download Rank: 65,767
Footnotes:  172

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.172 seconds