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The Lawyer's Response To The Demand For Both Stability And Change Through Law, Orison S. Marden

Vanderbilt Law Review

We need not worry about the lawyer's response to the need for stability in the law. The average lawyer is a conservative chap who does not favor change unless the need for it has been proved to the hilt.Nor need we tender full apologies for this hardheaded attitude, for,as Judge Cardozo once said, "certainty and uniformity are gains not lightly to be sacrificed. Above all is this true when honest men have shaped their conduct upon the faith of the pronouncement." At times, however, we have allowed these considerations, important as they are, to outweigh even more compelling reasons for …