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1913

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Editorial Preface To This Volume, Joseph H. Drake Jan 1913

Editorial Preface To This Volume, Joseph H. Drake

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"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …