Roscoe Pound e la concezione teleologica del diritto: tra giuridicità e metagiuridicità

Abstract

This paper intends to delve into Roscoe Pound’s thought, enhancing his teleological conception of law as a key to understanding Pound’s historicism, pragmatism and functionalism. The Author will also deal with the Poundian contribution within a ‘situated’ perspective aimed at stressing some ‘genetic’ traits of American legal realism in relation to the specific history of the evolution of the common law in the US context. The text has the objective to discuss the theoretical-legal matrix of Pound’s theoretical reflection and its afference to legal science, highlighting his attitude to address the macro-theme of the constitutive principles of the law itself.

Keywords

• roscoe pound
• legal realism
• history
• common law
• instrumentalism