An Institutional Approach to the Law of Commercial Banking (with Theodore S. Hope, Jr.), 38 YALE L.J. 703 (1929)
The central problem of the lawyer is the prediction of judicial and administrative decisions of government officers. For its sollution he has looked to the cases recording the decisions of such officers in the past, and has made no systematic study of other data. In adopting this course, he has postulated that study of the relation between the decisions and "the facts" of recorded would be sufficient to enable him to formulate laws, from future judicial and administrative behavior. His method has been in part induction, in part hypothesis and verification. He has compared the cases and attempted to classify them, in accord with similarities and dissimilarities in their facts, to abstract the common element of each class, and to correlate this common element with the decisions. Finally, the results of such correlations have been generalized into laws of judicial and administrative behavior, from which it is supposed that, if "the facts of the case" are known, future behavior of a particular judge in a particular case may be predicted.
Date of Authorship for this Version
Moore, W. Underhill, "An Institutional Approach to the Law of Commercial Banking" (1929). Faculty Scholarship Series. Paper 2885.