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The Role of Substantive Law and Procedure in the Legal Process
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To look at the concept of a science of substantive law as a
practical factor in the operation of courts, requires a shift of
emphasis from the study of legal doctrine to a study of the operation
of an institution - which is a difficult shift for a lawyer to
make. He has been trained to assume that substantive law
governs society, and that courts were only set up as incidents to
its enforcement. We may illustrate this by an analogy. If one
attempted to study the Mormon colonization of the West by
centering attention on the rules, standards, and principles found
in the Book of Mormon, on the assumption that Brigham Young
was its humble instrument, the resulting picture would be somewhat
distorted. Certainly the creed had a profound effect on the
movement. Without it, or some other philosophy, we would have
had simply a group of persons engaged in agriculture or trade.
But the effect of the Book of Mormon could hardly be estimated
by logical deduction from its principles
Thurman W. Arnold - Personal Name
1st Edition
NONE
The Role of Substantive Law and Procedure in the Legal Process
Management
English
1932
1-32
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