ABSTRACT
Roscoe Pound's scholarship provided his contemporaries with strategy and tactics for innovative jurisprudence, while correspondingly providing contemporary analysts with a source that discloses the intellectual ideas that fueled key aspects of twentieth-century constitutional development. According to Pound, there are two ways in which the courts impede or thwart social legislation demanded by the industrial conditions. Pound called for a new judicial creed to replace what he considered to be the obsolete and inefficient jurisprudence of the past. Within the context of Pound's judicial creed, national and state constitutions were to be functional instruments for judges and justices as they secured social interests from the bench. Pound's legal positivism may appear to be countered by higher law and the English Common Law doctrines. Edward S. Corwin's response to Pound's criticism is not what one might anticipate, which is that Pound's legal positivism is the antithesis of transcendental justice.
