Having looked at the picture of legal rights from one angle, let us now look at it from another. While in strict logic the statement of these rights in the form of a hypothetical imperative gives them an undeniable strength, it must now be admitted that from the pragmatic point of view it signifies at times a discouraging weakness. For it has often been the case that the establishment of claims and the protection of interests has in practice depended upon such vexatious variables as the pet theories of experts (e. g., alienists), the hunger, fatigue, and stubbornness of jurymen, the internal secretions of judges, a crowded or empty condition of the jails, current sociological theory, and even such astonishing things as one’s affiliation with secret societies, or one’s political “pulls,” not to mention, except by a passing remark, the determination of a litigant to carry his case to the higher courts clear beyond the ability of his antagonist’s purse to follow him there. So that if we ask whether some particular claim or interest can and will be established or protected, the real answer in a large number of border-line cases is, “Nobody knows.” Justice, who carries in her hand a balance whereby to weigh the evidence fairly, has also her eyes blindfolded against seeing what manner of weights are put into either pan. This defect of law, however, is not to be wondered at when we remember that legal theory cannot anticipate all of the innumerable claims and interests which either honest or knavish persons are likely to support as valid. If the theory of law had been as complicated as human society has become, it could not have accomplished the half of what it has already achieved.