The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Jhering, Rudolph von. Law as a Means to an End. Translated from the German by Isaac Husik with an Editorial Preface by Joseph H. Drake and with Introductions by Henry Lamm and W.M. Geldart. Boston: The Boston Book Company, 1913. lxi, 483 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-23754. ISBN 1-58477-009-0. Cloth. $80. * Originally published as Volume V of the Modern Legal Philosophy Series. Influential landmark of nineteenth century jurisprudence on which the modern concept of social utilitarianism is based. Jhering [1818-1892] advances the idea that law should be used to realize social justice. The Struggle for Law, another Jhering classic, is also available as a reprint published by The Lawbook Exchange.

This book is a full-scale account of the morally important ideas of treating persons merely as means and treating them as ends. Audi clarifies these independently of Kant, but with implications for understanding him, and presents a theory of conduct that enhances their usefulness both in ethical theory and in practical ethics.

This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.

Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.