Laws in books vs action

Introduction

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• Citation Formats: Provided examples for various citation styles (APA, MLA, Chicago, etc.) for Roscoe Pound's work.

Overview of Law in Books vs. Law in Action

Key Concept

• The distinction between written law and practical application of law.

Tom Sawyer and Huck Finn Analogy

• Example from literature illustrating the difference in practices due to adherence to tradition over practicality.

  • Tom requests case-knives for a task better suited for pickaxes, indicating adherence to tradition despite inefficiency.

  • The eventual realization that using the proper tools (pickaxe) is more effective illustrates the conflict between tradition and practicality in legal practice.

Historical Illustrations of Legal Practices

Ancient Legal Systems

• Early legal systems emphasized continuity of family and household.

  • Example: Adoption was used to address failure of lineages regarding household worship.

  • Roman law developed methods to handle property distribution without violating ancient doctrines.

Anglo-Saxon and Early American Legal Practices

• Kings extended peace and legality through public adoption of individuals into their households.

• Evolution of legal concepts to adapt to practical realities rather than strict adherence to forms.

Current Discrepancies in Law

Examples of Divergence

• Courts historically have upheld outdated practices versus progressive social and legal changes.

• Constitutionality: Courts often contradict theoretical guarantees of constitutional protections in favor of practical judgments.

  • Example: New York court rulings on hours of labor regulation; revealed inconsistencies between state and supreme courts.

Judiciary vs. Public Policy

• Judicial decisions increasingly reflect social policy rather than strict legal doctrines.

• Judicial power: Courts adapt laws in practice that do not align with written statutes, particularly in fields such as labor and property law.

Enforcement of Justice

Challenges

• The "third degree" in police investigations reflects a gap between legal protections and realities of criminal justice.

  • Legal rules intended to protect individuals often fail in practice, especially for marginalized populations.

• Jury Lawlessness: Juries exercising discretion often modify strict applications of the law, indicating the influence of public opinion on legal outcomes.

Rigidity of Law

• American legal doctrine struggles with resolving individual cases while adhering to rigid legislative structures.

  • Over-reliance on written law leads to inefficiency in actual legal application.

Conclusion

The Future of Legal Systems

• Administrative issues in enforcing law must be addressed to reconcile law in books with law in action.

• Legal professionals must remain dynamic, ensuring the law evolves to reflect contemporary social values and needs, rather than relying solely on ancient or rigid doctrines.

• The call for a more flexible, responsive legal system that aligns with the realities of modern life.