MAURICE PARMELEE,
_Professor of Sociology in the State University of Kansas_.
ROSCOE POUND,
_Professor of Law in the University of Chicago_.
ROBERT B. SCOTT,
_Professor of Political Science in the State University of
Wisconsin_.
JOHN H. WIGMORE,
_Professor of Law in Northwestern University, Chicago_.
INTRODUCTION TO THE ENGLISH VERSION.
What Professor Gross presents in this volume is nothing less than an
applied psychology of the judicial processes,--a critical survey of the
procedures incident to the administration of justice with due
recognition of their intrinsically psychological character, and yet with
the insight conferred by a responsible experience with a working system.
There is nothing more significant in the history of institutions than
their tendency to get in the way of the very purposes which they were
devised to meet. The adoration of measures seems to be an ineradicable
human trait. Prophets and reformers ever insist upon the values of
ideals and ends--the spiritual meanings of things--while the people as
naturally drift to the worship of cults and ceremonies, and thus secure
the more superficial while losing the deeper satisfactions of a duty
performed. So restraining is the formal rigidity of primitive cultures
that the mind of man hardly moves within their enforced orbits. In
complex societies the conservatism, which is at once profitably
conservative and needlessly obstructing, assumes a more intricate, a
more evasive, and a more engaging form. In an age for which machinery
has accomplished such heroic service, the dependence upon mechanical
devices acquires quite unprecedented dimensions. It is compatible with,
if not provocative of, a mental indolence,--an attention to details
sufficient to operate the machinery, but a disinclination to think about
the principles of the ends of its operation. There is no set of human
relations that exhibits more distinctively the issues of these
undesirable tendencies than those which the process of law adjusts. We
have lost utterly the older sense of a hallowed fealty towards man-made
law; we are not suffering from the inflexibility of the Medes and the
Persians. We manufacture laws as readily as we do steam-rollers and
change their patterns to suit the roads we have to build. But with the
profit of our adaptability we are in danger of losing the underlying
sense of purpose that inspires and continues to justify measures, and to
lose also a certain intimate intercourse with problems of theory and
philosophy which is one of the requisites of a professional equipment
and one nowhere better appreciated than in countries loyal to Teutonic
ideals of culture. The present volume bears the promise of performing a
notable service for English readers by rendering accessible an admirable
review of the data and principles germane to the practices of justice as
related to their intimate conditioning in the psychological traits of
men.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account