ABSTRACT
The demand for excessive legal certainty produces, it has been seen, a violent prejudice against a recognition of the practical need for flexible adaption and individualization of law based upon the unique facts of particular cases. Yet the life and growth of society make imperative such flexible individualization of the rules. Not allowed to operate in the open, such individualization has been worked out by surreptitious methods. Notable among such surreptitious methods is our amazing use of the jury.
