The new state : $b Group organization the solution of popular governmentFollett, Mary Parker
Science
The new state : $b Group organization the solution of popular government
Follett, Mary Parker
Democracy; Political participation; Social psychology; State, The
Secondly, the relation itself must always be in relation. But these
warnings are not necessary for our progressive judges. It is interesting
to read the decisions of our common-law judges with this in view: to see
how often the search is for the law of the actual conditions and what
obligations those actual conditions create, not for a personal relation
with some abstract conception of a static relation. It is of a _relation
in relation_ that judges must, and often to-day do, consider: not
landlord and tenant as landlord and tenant, not master and servant as
master and servant, but of that relation in relation to other relations,
or, we might say, to society. This growing conception of a dynamic
relation in itself means a new theory of law.[59]
Thus our law to-day is giving up its deductions from juristic
conceptions, from the “body of rules” upon which trial procedure has so
largely rested, and is beginning to study the condition given with the
aim of reaching the law of that condition. Mr. Pound says distinctly
that law is to be no longer based on first principles, but on “the
conditions it is to govern.” And we are told that “Mr. Justice
Holmes has been unswerving in his resistance to any doctrinaire
interpretation,” that his decisions follow the actual conditions of life
even often against his own bias of thought.[60] The great value of Mr.
Justice Brandeis’ brief in the Oregon case concerning the
constitutionality of limiting the hours of women in industry, was his
insistence upon social facts. And Mr. Felix Frankfurter made an address
before the American Bar Association in August, 1915, the burden of which
was that “law must follow life.” His plea for a “creative” system of law
in the place of the crystallized system of the past which we are trying
with hopeless failure to apply to present conditions points the way with
force and convincingness to a New Society based on the evolving not the
static principle of life.
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