We must recall much of the jurisprudence of the last century. And yet the juristic thought of that time was not wholly in vain. It may teach us that there are inherent limitations on what may be achieved through law and inherent limitations upon the efficacy of effort in conscious lawmaking; that for the greatest part law must always be found through application of reason to causes as they arise and the testing of principles in their actual operation; that laws are not like clothes to be thrown off and replaced at will, but, like language are so intimately a part of all we do that development of the tradi- tional materials will always be the chief agency of growth. Used to temper the enthusiasm of a new period of liberalization, the philosophy of law of the last century may yet save us from the excesses of the stage of equity and natural law, a reaction where- from had so much to do with the rigidity of the law under which we live.
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Publication Information: Book Title: The Spirit of the Common Law. Contributors: Roscoe Pound - author. Publisher: Marshall Jones. Place of Publication: Francestown, NH. Publication Year: 1921. Page Number: 165.
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