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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?

To: Richard Babusek who wrote (2855)	5/20/1999 6:00:00 AM
From: Neocon	Read Replies (1) \| Respond to of 13056

Ricardo, on Roscoe Pound---- A reference: The Roscoe Pound Foundation was established in 1956 by trial lawyers to honor and build upon the work of Roscoe Pound, Dean of the Harvard Law School from 1916-1936. A book: opengroup.com A quote: Quoted from Roscoe Pound, The causes of popular dissatisfaction with administration of justice, 29 A.B.A.R. 395, 397 (1906). "The most important and most constaant cause of dissatisfaction with all law at all times is to be found in the necessarily mechanical operation of legal rules. This is one of the penalties of uniformity. Legal history shows an oscillation between wide judicial discrection on the one hand and strict confinement of the magistrate by minute and detailed rules upon the other hand. The law has always ended in a compromise, in the middle course between wide discretion and over-minute legislation. In reaching this middle ground, some sacrifices of flexibility of application to particular cases is inevitable. In consequence, the adjustment of the relations of man and man according to these rules will of necessity appear more or less arbitrary and more or less in conflict with the ethical notions of individuals". On the Bill of Rights---- Madison originally opposed them on much the same grounds, and relented only because of ratification politics. In the end, however, he decided that they were a good idea, because they constituted an additional check on the potential for tyranny by the majority... I hope you had a good trip, and look forward to your comments after catching up...