ABSTRACT

No intelligent person can question the wisdom of the revised attitude toward the law which our Pounds, Wurzels, Demogues and Cardozos would have the lawyers and the laity adopt. They want our "courts to perceive what it is they are doing" and thus be "enabled to address themselves consciously to doing it in the best way."t l]

They want an effective, intelligent fusion of the two competing tendencies towards stability and change; a working principle of growth; a constant revision of the law's heritage of knowledge and thought; the frequent adaptation of the legal rules so as to relate them to the realities of contemporary social, industrial and political conditions. They desire that traditional premises should be so shaped as to give effect to social interests, with reference not to the abstract claims of abstract individuals, but to the concrete situation; they picture law as continuously more efficacious social engineering, satisfying, through social control, as much as is possible of the whole body of human wants.