Property and Society

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt: ...may or may not exist, and fanciful feudal relationships which only can be made to apply in limited instances, and which are entirely inadequate to the problem which confronts us. No better illustration of this indirect method of treatment can be furnished than the reasoning applied in the decisions of our ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt: ...may or may not exist, and fanciful feudal relationships which only can be made to apply in limited instances, and which are entirely inadequate to the problem which confronts us. No better illustration of this indirect method of treatment can be furnished than the reasoning applied in the decisions of our courts which have sustained statutes designed to regulate the employment of women and children. There are very few decisions which have sustained these laws on broad grounds of basic necessity or on the broad ground of public interest; that is to say, on the theory and basic fact that the child is the future citizen and the woman is the mother of the future child and that in their health, morality, and virility the future of the nation depends. They proceed rather on the abstract theory that the child has always been looked upon as a ward of the State and the woman has been always more or less under legislative tutelage, and that for these reasons the State can legislate concerning them differently than it can for males and adults, and largely as it pleases. It is this feudal and class theory that has made it possible for the Anglo-Saxon law to expand and to overcome the barriers of the individualistic idea. It is, however, becoming entirely inadequate, and the time has come for us to stand upon a broader basis. All law and all legal decisions must ultimately depend upon popular support, and the public will inevitably lose faith in government if our courts, when confronted with great economic and social, as well as legal and political, questions involving human destinies and human lives, ignore basic facts and economic and scientific truths and try to resolve them on precedent alone. There is no need of making fanciful distinctions where none in fact reall...
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Product Details

  • ISBN-13: 9781151425393
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 34
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.07 (d)

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