By Julius Stone
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Extra info for Law and the Social Sciences in the Second Half Century
The change may indeed already have begun. We are, for example, no longer perplexed by the question of interfering with liberty of contract, when gross inequality of bargaining power makes abuse of liberty likely. It has been handled in an ad hoc way -27- LAW AND THE SOCIAL SCIENCES by legislating for specific relations like landlord and tenant or lender and borrower. We are, on the other hand, increasingly perplexed by such comparatively new and diffuse problems as that of the use of trade union pressure against non-members, pressure of capital concentrations against competitors and consumers, the steady growth of juvenile and urban delinquency, the creeping paralysis of traffic congestion in the spreading metropolis, chronic delays in the administration of justice, the adjustment of capitallabor relations and of habits of leisure and systems of education to the age of automation.
Becker 4 whether intemperance in curiosity spurred by new investigative techniques and instruments may result in indiscriminate studies in areas where only harm to social institutions may ensue, and whether there should not be some organs to determine the strategy and priorities among researches which raise such dangers. So Carl F. Stover5 has warned equally broadly that the new methods, far from freeing the lawyer's (including presumably the judge's) time for "higher questions" may enslave it to "routinized" formulas.
Only superficially similar to the universalist-particularist distinction is that between roles like those of physician or legal adviser, public servant or political leader where the interests of some more or less wide collectivity demand to be regarded;30 and "self-oriented" roles (such as those of the parties to a contract negotiation) where the bearer is expected to look after his own interest. Such pairs of contrasts can serve as "pattern variables" by refer-38- PROGRAM AND M O V E M E N T IN THE BORDERLANDS ence to which we can more precisely characterize relations arising from cultural, including legal, institutions.
Law and the Social Sciences in the Second Half Century by Julius Stone