Law Never Is, But Is Always About

I Take Judge-made Law As One Of The Existing Realities Of Life.

The Great Tides And Currents Which Engulf The Rest Of Men Do Not Turn Aside In Their Course And Pass The Judges By.

As I Search The Archives Of My Memory I Seem To Discern Six Types Or Methods [of Judicial Writing] Which Divide Themselves From One Another With Measurable Distinctness. There Is The Type Magisterial Or Imperative; The Type Laconic Or Sententious; The Type Conversational Or Homely; The Type Refined Or Artificial, Smelling Of The Lamp, Verging At Times Upon Preciosity Or Euphuism; The Demonstrative Or Persuasive; And Finally The Type Tonsorial Or Agglutinative, So Called From The Shears And The Pastepot Which Are Its Implements And Emblem.

History Or Custom Or Social Utility Or Some Compelling Sense Of Justice Or Sometimes Perhaps A Semi-intuitive Apprehension Of The Pervading Spirit Of Our Law Must Come To The Rescue Of The Anxious Judge And Tell Him Where To Go.

The Final Cause Of Law Is The Welfare Of Society.