About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

28 Pol. Sci. Q. 1 (1913)

handle is hein.journals/pclscceqry28 and id is 1 raw text is: Volume XXVIII ] March, 1913 POLITICAL SCIENCE QUARTERLY SOCIAL LEGISLATION AND THE COURTS DURING the past few years there has been a decided change in the popular attitude toward the courts. The judicial functions, which until recently were regarded with a reverence approaching awe, are being subjected to sharp analysis and criticism; and the movement for the recall of judges is now in full tide. There are some who attribute this changed attitude to demagogic politicians and to the innate perversity of human nature, as manifested in a part at least of our population. Widespread movements of this character, however, cannot be so easily explained; no great popular agitation springs up out of the thin air. There are obvious facts which do much to ex- plain the changed popular feeling toward the cou'rts. It is coming to be generally understood that the state courts are not performing their functions with a high degree of efficiency. Our attention in the past has been so constantly directed toward executive and legislative inefficiency in the states that we have only just come to realize that the courts also have been in- efficient. Judges seek to shift to the lawyers practicing before them the blame for this condition of affairs, but it is plain that both bench and bar are responsible. And for a large part of the technicality in our civil and criminal procedure the courts are directly and primarily responsible. Judges bemoan the fact that they occupy the position of mere umpires in the legal battles that are fought out before them, but their position is due largely to their failure to assert the authority which they possess. Furthermore, the conduct of business by receivers [ Number r

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most