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Max Radin (1) (1880–1950)

Author of The Jews among the Greeks and Romans

For other authors named Max Radin, see the disambiguation page.

13+ Works 116 Members 1 Review

Works by Max Radin

Associated Works

Readings in Jurisprudence (1938) — Contributor — 8 copies

Tagged

Common Knowledge

Birthdate
1880-03-29
Date of death
1950-06-22
Education
City College of New York (AB)
New York University (LLB ∙ 1902)
Columbia University (PhD ∙ 1909)
Occupations
professor
Short biography
Professor Max Radin, the son of a Rabbi, moved to the United States at age four and grew up interested in religious tradition, as well as classical literature and the law. He taught in New York City’s public schools before moving on to various colleges. All the while, he contributed to legal and classical studies by writing on them and more importantly, by discussing them with colleagues and students. In 1922, he married Dorothea Prall, who died two years before he did. He was survived by one daughter, Rhea.
Nationality
Germany (birth)
USA (immigrant at age of four)
Birthplace
Kempen, Posen, Germany (now Kępno ∙ Poland)
Associated Place (for map)
Posen, Germany

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Reviews

1 review
A Festschrift compilation of essays, two of which are in French, in honor of McMurray, one of California's prescient legal scholars and Dean of its first UC law school, at Hastings. The 24 authors include Radin, Pound, Llewelyn, and Wigmore, among others. The co-editor is the brother of Paul Radin, the formative anthropologist born in Lodz, Poland. Max taught at Boalt Hall (UC) where I attended one of his tribute lectures.

This volume includes Robert Henry's history of the jury. Starting show more from Rome through Magna Carta, then back to early Anglo-Saxon ("In early times compurgation was the normal and most usual method of proof for freemen" [142]) and picking up the grand jury. The civil jury traveled a long road through concerns of proof, attempts to check subornation and intimidation, and the right of challenge. [154] The modern jury is confined to fact-determinations, but that is "a most unfortunate historical accident". "[A]n institution which nobody really wants and which is very poorly adapted to serve the function required of it, has been fixed in our social structure and will be difficult to get rid of." [155] Points out the futility of separating questions of law and fact. [162]

Includes the profound explication of "epicheia" [epikeia] by Max Radin. He begins with the disturbing discovery that "in the ordinary process of legal adjustment...no real account is taken of justice, but a great deal of account is taken of particular words in statutes...documents...and decisions". [537] Philologers love words, but do not respect them as much. [539] Words are mere "explosions of breath", and justice should not hang upon them.

"Justice is a distributive virtue, it gives every man his due". [540] Radin applies a moral censorship of incomplete justice, and turns to Aristotle's epicheia -- a "straightening out of the law" where its application fails to bring justice. [541]

Also Maggs, and Llewelyn on the Constitution, Roscoe Pound on the nature of Law.
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Works
13
Also by
1
Members
116
Popularity
#169,720
Rating
½ 4.3
Reviews
1
ISBNs
15

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