Jurisprudence [a Lecture Delivered At Columbia University in the Series On Science, Philosophy And Art, February 19, 1908]

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In mediaeval Eui'ope, after the ninth century, there was little legislation except in church councils and in the free cities ; and in the 24 HERBERT D. LAUl cities legislation was active only when they had attained a high degree of economic and political development, t In the modern European states there was little reformatory legislation before the eighteenth century, nor did statutory law gain anything like its modern volume before the nine- teenth century, jj u The increasing part played by ...legislation in late periods of legal development is due in some measure to the in- creased rapidity of social Qhange, in some measure to an exaggerated faith in the power of law to modify social con- ditions and to remedy social evils, but in the main, ap- parently, to the fact that there are certain portions of the law which courts are wholly unable to develop and certain other portions in which judge-made law is less satisfactory than enacted law.^ Political law, constitutional and ad- ministrative, is usually beyond the competence of courts.

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