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
To sum up: Law should not be a “body” of knowledge; it should be
revitalized anew at every moment. Our judges cannot administer law by
knowing law alone. They have to be so closely in touch with a living,
growing society, so at one with the conceptions that are being evolved
by that society that their interpretations will be the method by which
our so-called “body of law” shall indeed be alive and grow in
correspondence with the growth of society. This is what gives to our
American supreme courts their large powers, and makes us choose for
judges not only men who understand law and who can be trusted for
accurate interpretation, but men who have a large comprehension of our
country’s needs, wide conceptions of social justice, and who have
creative minds—who can make legal interpretation contribute to the
structure of our government.[62] The modern lawyer must see, amidst all
the complexity of the twentieth-century world, where we are tending,
what our true purpose is, and the part law can take in making manifest
that purpose. The modern lawyer must create a new system of service. A
living law we demand to-day—this is always the law of the given
condition, never a “rule.”
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Footnote 48:
Col. Law Rev. 8, 610.
Footnote 49:
Pound, Outlines of Lectures on Jurisprudence, p. 20. The influence of
sociology on law has here been very marked. For further discussion of
a teleological jurisprudence, see ch. XXIX.
Footnote 50:
Duguit, L’État, Le Droit Objectif et La Loi Positive, 398–409, from
Jellinek, System der subjektiren öffentlichen Rechte, 193.
Footnote 51:
The whole legal history of associations and the development of
association law throws much light on the growth of the community idea.
Footnote 52:
Also, I recognize, because his “_droit objectif_” based on social
solidarity tends to sweep away contract. It is interesting to notice
that contract is being attacked from more than one point of view. The
bearing of all this on politics will be seen later, especially in ch.
XXIX, “Political Pluralism and Sovereignty.”
Footnote 53:
Quoted by Roscoe Pound in Col. Law Rev. 8, 616.
Footnote 54:
Statutes limiting the hours of labor were held unconstitutional,
railway corporations were held not to be required to furnish
discharged employees with a cause for dismissal, etc.
Footnote 55:
Harlan, J., in Mugler _v._ Kansas, 123 U. S. 623. Taken from Roscoe
Pound, Liberty of Contract, Yale Law Journal, 18, 468.
Footnote 56:
The End of Law as Developed in Legal Rules and Doctrine, Harv. Law
Rev. 27, 195–234.
Footnote 57:
“Statutes ... have taken many features of the subject out of the
domain of agreement and the tendency of judicial decision has been in
effect to attach rights and liabilities to the relation of insurer and
insured and thus to remove insurance from the category of contract.”
Footnote 58:
Public-domain text, read in full here on John Shaqi.
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