ABSTRACT

Difficult as it may be, the problem of values is one which, the science of law cannot escape. It is no doubt true that we cannot demonstrate a measure of values as something everyone must accept and abide. If we cannot establish a demonstrated universal legal measure of values which everyone will agree to, it does not follow that we must give up and turn society over to unchecked force. An emerging jural postulate appears to be that in the industrial society of today enterprises in which numbers of men are employed will bear the burden of what might be called the human wear and tear involved in their operation. This chapter discusses three methods of valuing interests open to law-makers and courts and jurists. It also talks about the six important changes in juristic thought that have taken place in the last fifty years—all tending in a new direction.