It has long been known in England and America but recently it has been spreading rapidly. ↩
Recently abandoned. ↩
The three firms which have carried co-management furthest are the Printz-Biederman Co. of Cleveland, the Wm. Filene’s Sons Co. of Boston and the U.S. Cartridge Co. of Lowell. See Report of Committee on Vocational Guidance, Fourth Annual Convention of National Association of Corporation Schools, by Henry C. Metcalf. ↩
We have a number of minor instances of the recognition of the group principle in industry. An interesting example is the shop piecework in the Cadbury works, where the wages are calculated on the output of a whole workroom, and thus everyone in the room has to suffer for the laziness of one. (See Experiments in Industrial Organization, by Edward Cadbury.) ↩
I have not spoken of the cooperative buying and selling movement because by the name alone it is obvious how well it illustrates my point, and also because it is so well known to everyone.
Another evidence of the spreading of the community idea is the wide acceptance of the right of the community to value created by the community. ↩
Columbia Law Review 8, 610. ↩
Pound, Outlines of Lectures on Jurisprudence, p. 20. The influence of sociology on law has here been very marked. For further discussion of a teleological jurisprudence, see chapter XXIX. ↩
Duguit, L’État, Le Droit Objectif et La Loi Positive, 398–409, from Jellinek, System der subjektiren öffentlichen Rechte, 193. ↩
The whole legal history of associations and the development of association law throws much light on the growth of the community idea. ↩
Also, I recognize, because his “droit objectif” based on social solidarity tends to sweep away contract. It is interesting to notice that contract is being attacked from more than one point of view. The bearing of all this on politics will be seen later, especially in chapter XXIX, “Political Pluralism and Sovereignty.” ↩
Quoted by Roscoe Pound in Columbia Law Review 8, 616. ↩
Statutes limiting the hours of labor were held unconstitutional, railway corporations were held not to be required to furnish discharged employees with a cause for dismissal, etc. ↩
Harlan, J., in Mugler v. Kansas, 123 U.S. 623. Taken from Roscoe Pound, Liberty of Contract, Yale Law Journal, 18, 468. ↩
“The End of Law as Developed in Legal Rules and Doctrine,” Harvard Law Review 27, 195–234. ↩
“Statutes … have taken many features of the subject out of the domain of agreement and the tendency of judicial decision has been in effect to attach rights and liabilities to the relation of insurer and insured and thus to remove insurance from the category of contract.” ↩
The old idea of “contributory negligence” is seen in the following decision: “We must remember that the injury complained of is due to the negligence of a fellow workman, for which the master is responsible neither in law nor morals.” Durkin v. Coal Co. 171, Pa. St. 193, 205. Quoted by Roscoe Pound in Yale Law Journal, 18, 467. ↩
This is the “new natural law” of which Mr. Pound speaks as “the revival of the idealist interpretation which is the enduring possession of philosophical jurisprudence.” Formerly, we are told, “equity imposed moral limitations. The law today is beginning to impose social limitations.” Harvard Law Review 27, 227. ↩
“The Constitutional Opinions of Justice Holmes,” by Felix Frankfurter, Harvard Law Review 29, 683–702. ↩
Quoted by Roscoe Pound in Harvard Law Review 25, 505. ↩
It has been proposed that we should have trained business men on the benches of our supreme courts as well as lawyers. I should think it would be better for our lawyers to be so conversant with social facts that this need not be necessary. ↩
See chapter XXIX for the theory of “objective rights” now held by many as the basis of the new state. ↩
This is a hoary quarrel. From the beginning of our government it was seen that the equal rights doctrine was a sword which could cut both ways. Both Federalists and Republicans believed in equal rights: the Federalists, therefore, wanted to protect individuals with a strong government; the Republicans wanted a weak government so that individuals could be let alone in the exercise of their equal rights. ↩
This view of democracy was well satirized by someone, I think Lord Morley, who said, “I do not care who does the voting as long as I do the counting.” ↩
Proportional representation is interesting to the view put forward in this book because it is a method to bring out all the differences. ↩
Arcos, Romains and Vildrac are the chief of these. Romains, who has written La Vie Unanime, is the most interesting for our present purpose, for his togetherness is so plainly that of the herd:
… “quelle joie
De fondre dans ton corps [le ville] immense
où l’on a chaud!”
Here is our old friend, the wild ox, in the mask of the most civilized (perhaps) portion of our most civilised (perhaps) nation. Again
“Nous sommes indistincts: chacun de nous est mort;
Et la vie unanime est notre sépulture.”
Other results of the increased reading of newspapers and magazines are that large questions are driving out
