FREE BOOKS

Author's List




PREV.   NEXT  
|<   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   >>  
"I stand a better chance with a jury"; when the civilian says: "If I had the wrong end of the stick give me a jury," he is appealing not to the wrong side of the jury system, but to a quality which is not always recognized. Law is an exact, definite statement of principles, absolute and apparently immutable. When a man on the street walks up to another and wantonly insults him, the law is, that the insulted party must turn and walk away. If the matter came before a jury they would never convict him for knocking the other down at once. The jury system is the mitigation of the law. XVI LOOKING BACKWARD Extracts from the Graduation Dissertation of a Columbia J.E. upon receiving his degree of Juridical Expert in 1947. Historical investigation of obsolete customs is of little value beyond preserving some record of what may soon be forgotten. In the year 1947 it seems almost unbelievable that the universal use by the public of Judicial Corporations should have been a matter of such recent economic growth. It is interesting to trace their development and the social causes from which they sprang. The efficient administration of these co-operative Corporations being demonstrated by their financial success, makes it unnecessary to dwell upon the details of their intensely developed organization. Existing as they do upon so broad a comprehension of the whole commercial and social structures, it is little wonder that they have proven their value to the community. Their highly specialized departments of Issues, Investigation, Statutory Law, Records, Determination and Results correspond in a measure to the former method of procedure in the extinct courts of law and equity. Times have indeed changed. The analogy between the present methods and the antiquated and conventionalized customs of those cumbersome and inadequate institutions is not difficult to find. The department of Issues, for example, corresponds to what was known as the pleadings in an action. These were formerly bits of paper governed as to form by inflexible rules, instead of the efficient method by which under the trained managers of able minds the matters in dispute, either of fact or law, are now narrowed down to exact points of difference. Naturally the methods of their managers being untrammelled by outside rules and they being men of wide experience and tact, the work of this department is not as difficult as at the first commencem
PREV.   NEXT  
|<   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   >>  



Top keywords:
matter
 

Issues

 

managers

 
department
 

difficult

 

social

 

method

 

Corporations

 

methods

 

system


efficient

 
customs
 

courts

 
extinct
 
Records
 

Determination

 

procedure

 

Results

 

correspond

 

measure


structures

 

developed

 

intensely

 

organization

 

Existing

 
details
 

financial

 

demonstrated

 

success

 

unnecessary


highly

 

specialized

 
departments
 

Investigation

 

community

 

proven

 

comprehension

 

commercial

 

equity

 

Statutory


institutions
 
narrowed
 

dispute

 

trained

 

matters

 
points
 

difference

 
commencem
 
experience
 

Naturally