The Path of the Law

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Perhaps I have said enough to show the part which the study of historynecessarily plays in the intelligent study of the law as it is today. Inthe teaching of this school and at Cambridge it is in no danger of beingundervalued. Mr. Bigelow here and Mr. Ames and Mr. Thayer there havemade important contributions which will not be forgotten, and in Englandthe recent history of early English law by Sir Frederick Pollock and Mr. Maitland has lent the subject an almost deceptive charm. We mustbeware o
...f the pitfall of antiquarianism, and must remember that for ourpurposes our only interest in the past is for the light it throws uponthe present. I look forward to a time when the part played by history inthe explanation of dogma shall be very small, and instead of ingeniousresearch we shall spend our energy on a study of the ends sought to beattained and the reasons for desiring them. As a step toward that idealit seems to me that every lawyer ought to seek an understanding ofeconomics. The present divorce between the schools of political economyand law seems to me an evidence of how much progress in philosophicalstudy still remains to be made.

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