POUND. Law in Books and Law in Action | Jurisprudence | Equity (Law)When Tom Sawyer and Huck Finn had determined top rescue Jim by digging under the cabin where he was con- fined, it seemed to the uninformed lay mind of Huck Finn that some old picks the boys had found were the proper implements to use. But Tom knew better. From reading he knew what was the right course in such cases, and he called for case-knives. And there ain't no other way that ever I heard of, and I've read all the books that gives any informa- tion about these things. They always dig out with a case- knife. But after they had dug till nearly midnight and they were tired and their hands were blistered, and they had made little progress, a light came to Tom's legal mind. He dropped his knife and, turn- ing to Huck, said firmly, " Gimme a case-knife.
Law in action
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THE POUND THEORY
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Jean-Louis Halperin. I would argue that in the article, Pound did not clearly distinguish between two separate situations: 1 the departure of decisions of courts from statements of statutory or constitutional law, and 2 the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It is not my purpose here to address all of the controversies concerning the relationship between legal science and facts. Hart, and Alf Ross about law and facts.