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10 Ill.L.R. 461 (1915-1916)
Living Law

handle is hein.journals/illlr10 and id is 445 raw text is: ILLINOIS
LAW REVIEW
Volume X             FEBRUARY 1916                 Number 7
THE LIVING LAW.'
By Louis D. BRANDEIS.2
The history of the United States, since the adoption of the
constitution, covers less than 128 years. Yet in that short period
the American ideal of government has been greatly modified. At
first our ideal was expressed as A government of laws and not of
men. Then it became A government of the people, by the people
and for the people. Now it is Democracy and social justice.
In the last half century our democrqacy has deepened. Coinci-
dentally there has been a shifting of our longing from legal justice
to social justice, and-it must be admitted-also a waning respect
for law. Is there any causal connection between the shifting of
our longing from legal justice to social justice and waning respect
for law? If so, was that result unavoidable?
Many different causes contributed to this waning respect for
law. Some related specifically to the lawyer, some to the courts
and some to the substantive law itself. The lessening of the lawyer's
influence in the community came first. James Bryce called attention
to this as a fact of great significance, already a generation ago.
Later criticism of the efficiency of our judicial machinery became
widespread. Finally, the law as administered was challenged-a
challenge which expressed itself vehemently a few years ago in the
demand for recall of judges and of judicial decisions.
Many different remedies must be applied before the ground
lost can be fully recovered and the domain of law extended further.
The causes and the remedies have received perhaps their most
helpful discussion from three lawyers whom we associate with Chi-
cago: Professor Roscoe Pound, recently secured for Harvard, who
1. An address delivered before the Chicago Bar Association, January
3, 1916.
2. Of the Massachusetts Bar.

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