The old idea of “contributory negligence” is seen in the following decision: “We must remember that the injury complained of is due to the negligence of a fellow workman, for which the master is responsible neither in law nor morals.” Durkin _v._ Coal Co. 171, Pa. St. 193, 205. Quoted by Roscoe Pound in Yale Law Journal, 18, 467. Footnote 59: This is the “new natural law” of which Mr. Pound speaks as “the revival of the idealist interpretation which is the enduring possession of philosophical jurisprudence.” Formerly, we are told, “equity imposed moral limitations. The law to-day is beginning to impose social limitations.” Harv. Law Rev. 27, 227. Footnote 60: “The Constitutional Opinions of Justice Holmes,” by Felix Frankfurter, Harv. Law Rev. 29, 683–702. Footnote 61: Quoted by Roscoe Pound in Harv. Law Rev. 25, 505. Footnote 62: It has been proposed that we should have trained business men on the benches of our supreme courts as well as lawyers. I should think it would be better for our lawyers to be so conversant with social facts that this need not be necessary. ------------------------------------------------------------------------ PART II THE TRADITIONAL DEMOCRACY ------------------------------------------------------------------------ XVI DEMOCRACY NOT “LIBERTY” AND “EQUALITY”: OUR POLITICAL DUALISM -------------- THE purpose of this book is to indicate certain changes which must be made in our political methods in order that the group principle, the most fruitful principle of association we have yet found, shall have free play in our political life. In Part III we shall devote ourselves specifically to that purpose. Here let us examine some of our past notions of democracy and then trace the growth of true democracy in America.