Law: Its Origin, Growth, and Function by James Coolidge Carter is a foundational work in jurisprudence that examines the nature and evolution of law from its earliest beginnings to its role in modern society. First published in 1907, this book is based on a series of lectures delivered at Harvard Law School and remains a classic in the study of legal philosophy.
Carter traces the historical roots of law in custom and social practice, showing how unwritten traditions gradually developed into formal legal systems. He analyzes the relationship between law, morality, and society, emphasizing how law functions not merely as a set of rules but as a living institution that evolves with human civilization.
Key themes explored in the book include:
The origin of law in human customs and collective life.
The growth of legal systems through social, political, and cultural changes.
The function of law in maintaining order, resolving disputes, and protecting rights.
The balance between unwritten law and legislation, and the interplay of custom and judicial interpretation.
Written in a scholarly yet accessible style, this book is valuable for law students, legal historians, philosophers, and anyone seeking a deeper understanding of the principles that underlie legal systems.
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Lectures / Chapters
What Law Is
Origin of Law in Custom
Growth of Law by Accretion: Custom, Judicial Decisions, Legislative Action
The Function of Law
The Unwritten Law: Morality, Religion, and Conscience
Written Law: Statutes and Codifications
Equity and Equity Jurisprudence
The Relation Between Law and Social Science
Law and Government: Enforcement and Sanction
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