ABSTRACT

First published in 1909 and then again in 1997. John Chipman Gray (1839-1915) spent the greater part of his professional life as a professor at Harvard Law School where he taught property, trusts and future interests. The Nature and Sources of the Law was first published in 1909. The book is divided into two parts which respectively look at 'Nature' and 'Sources'. In Part I, Gray warns that the study of jurisprudence, in isolation, could lead to dogmatism. Rather he advocates the structure offered by common law with its reliance on flexible interpretations of statutes, the use of all relevant cultural inputs and a highly adaptable approach to the resolution of disputes. Gray, in Part II, turns his attention to sources of the law and begins with statutes. Here he asserts that judges are the ones who actually turn into law, going against the conventional scholarship that judges merely interprets statutes. He also extensively examines the influence of tradition and the common law.

part I|98 pages

The Nature of the Law

chapter |3 pages

Introduction

chapter Chapter I|13 pages

Legal Rights and Duties

chapter Chapter II|23 pages

Legal Persons

chapter Chapter III|12 pages

The State

chapter Chapter IV|18 pages

The Law

chapter Chapter V|9 pages

The Courts

chapter Chapter VI|5 pages

Law of Nations

chapter Chapter VII|13 pages

Jurisprudence

part II|108 pages

Sources of the Law

chapter Chapter VIII|31 pages

Statutes

chapter Chapter IX|28 pages

Judicial Precedents 1

chapter Chapter X|13 pages

Judicial Precedents in the United States

chapter Chapter XI|15 pages

Opinions of Experts

chapter Chapter XII|13 pages

Custom

chapter Chapter XIII|6 pages

Morality and Equity