Document Type

Article

Publication Date

1913

Abstract

Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to direct its proper use, are the two needs of the time. Perhaps the law schools have a part to play in the attainment of both these ends. For law and ethics are twin sisters. But the primary problem of the schools is to develop true and comprehensive intellectual conceptions. So far as procedure is concerned, it seems clear that they have failed to appreciate the magnitude of the task and have done little to correct the deficiencies which the public is so insistently pointing out.


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