Excerpt from Certainty and Justice: Studies of the Conflict Between Precedent and Progress in the Development of the Law
The conflict between the wisdom of past generations as embodied in "Precedent" and the ideas of the present day concerning right and justice, usually denominated "Progress," has been for some time past more than usually acute. Questions that were formerly relegated to the dry discussions of legal technicians have now found their way into the press and into the forum of partisan political controversy.
It appeared to me that these studies might consequently be of some general interest at the present moment and in the somewhat disturbed state of public opinion on so many questions of fundamental importance.
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