Word: legalisms
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Dates: during 1920-1929
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...Williston is preparation for the Uniform Bills-of-Lading Act, and the studies by Professor Isaacs, of the School of Business Administration, as to Sales Agencies in relation to Agency, as to business securities and the law of mortgages, and as to the practice of corporate promotion and the legal conceptions available for the resulting problems, suggest what may be done and should be done for the whole field of business law. Indeed, what is proposed, and what must come, is a continuous scientific study of the law in action, with reference to the law in the action, as distinguished...
...economic ventures presuppose reduction of operations to their lowest terms in point of effort and expense. We cannot tolerate that the legal part of those operations should continue cumbersome, dilatory, uncertain and expensive, while all else is moving swiftly, smoothly and without waste. Business men have a right to call upon us to do for our operations what they have been doing for theirs and we must do our part as they have been doing theirs. We must study the workings of the law, see how it falls short and why, and must apply our inventive powers to find better...
...study of how to make the law effective with respect to the exigencies of business stand for one example of research work. Another is study of the whole field of criminal law, criminal procedure, the administration of criminal justice, and the legal phases of penal treatment. Still another is the respective provinces of adjudication and administration; how to achieve a proper balance between treatment of individual cases as types of generalized classes of cases, governed by broad principles, and treatment of each particular case as unique. Still another is preventive justice something no less fraught with possibilities than preventive medicine...
...research of which there is crying need", he said, "is the research that American law schools are imperatively called to carry on; it is investigation by legal scholars who devote their lives to the study of some field of the administration of justice, to some field of the legal adjustment of human relations, in order to teach us what its problems are and how to meet these problems effectively by means...
...note what happens as things are, and what might happen if legal research were endowed and organized and carried on as in almost every other field of human endeavor...