ABSTRACT

In the liberal order the state exerts social control chiefly through the judicial hearing of individual complaints and the provision of individual remedies — in legal parlance, through private suits for breach of contracts and private action based on torts; and then finally through legislative action on complaints against the law itself. When human affairs are regulated through the judicial determination of rights, there is so little display of force that many have been mystified by the spectacle of the nine elderly men in black robes on the Supreme Court of the United States exercising such undisputed authority. In the liberal theory the people through the state have created and maintain the rights which make up property, contract, business corporations, and social agencies. Though here, as in all human phenomena, there are borderline cases which it would be hard to classify, it would be doctrinaire not to recognize the practical difference between a business organization and a natural association.