168 research outputs found
The Jurisprudence of Edward S. Robinson
The pages of a law journal are ill adapted to express the sense of bitter tragedy and irreparable personal loss which all of us at Yale feel in the loss of our friend and colleague, Edward S. Robinson. I will not try it
Fair and Effective Use of Present Antitrust Procedure
No government policy has received such long and unquestioned public acceptance as that expressed by the Sherman Antitrust Act. The domination of market by small groups and the concentration of wealth and power in a few have been a matter of continuing public concern for over 40 years. However, in spite of a governmental religion officially dedicated to the economic independence of individuals, the growth of great organizations in America has been amazing. The Internal Revenue statistics for 1935 show that over 50% of all net corporate incomes is earned by less than one-tenth of 1% of the corporations reporting, and 84% of the aggregate corporate net profits is earned by less than 4% of the corporations reporting. We have become a nation of employees. Our private property, our security in our old age and the care of our families when we die usually consist of claims held directly or indirectly against great industrial organizations
Institute Priests and Yale Observers - A Reply to Dean Goodrich
Most of the literature of jurisprudence, to paraphrase William James, is tedious, not as hard subjects like physics and mathematics are tedious, but as throwing feathers, endlessly, hour after hour, is tedious. Therefore it had been the habit of the more red-blooded students at Yale to ignore the subject. With the advent of the February issue of the UNIVERSITY OF PENNSYLVANIA LAW REVIEW, this attitude suddenly changed. It was discovered that fighting words might lie concealed in the dreary terminology of legal theory. Whereupon sales of Professor Robinson\u27s recent book, Law and the Lawyers, increased at the local bookstore, the UNVERSITY OF PENNSYLVANIA LAW REVIEW had to be put on reserve to meet the student demand, and interest in Jurisprudence at Yale achieved a new high
APOLOGIA FOR JURISPRUDENCE
While it is important to remember that law consists of a large number of mutually contradictory symbols and ideals, it is equally important to realize that it requires for its acceptance a unified philosophy, which we will refer to as the science of the law or jurisprudence. An official admission by a judicial institution that it was moving in all directions at once in order to satisfy the conflicting emotional values of the people which it served would be unthinkable. It would have the same effect as if an actor interrupted the most moving scene of a play in order to explain to the audience that his real name was John Jones. The success of the play requires that an idea be made real to the audience. The success of the law as a unifying force depends on making emotionally significant the ideal of a government of law which is rational and scientific. Of course if we look at the moving, tumbling stream of events, evaluating the effects of the complex of habits, fears, hopes, social and economic pressures, we discover that law is not what it pretends to be. Yet if law did not pretend to be what it is not, it would lose its magic and effectiveness. This is a paradox only to those who refuse to think of the essentially dramatic character which every great public institution must develop. Functionally the primary purpose of the science of the law is to be a sounding board of both the prevalent hopes and the prevalent worries of those who believe in a government of law and not of men, to reconcile these hopes and worries somewhere in the mists of scholarship and learning, and never to admit that this is what it is doing
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