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Book Review: Law in the Making, 38 Yale Law Journal 270 (1928)


This book contains seven chapters discussing the following as possible

sources of law: the Sovereign, Custom, Precedent, Equity, and Legislation.

It deals with one of the most interesting subjects in life; and it is written in

an attractive style. It reviews the ideas of former jurists well and criticises

them with intelligence. It excites the reader to independent thought on each

matter considered and tempts him to write a book of his own in order to

do better if he can. This is high praise; and it should be remembered as

this review proceeds, inasmuch as the reviewer is forced to fill most of his

permitted space with a discussion of differences of opinion. The chief weaknesses

of the book-which appear to the reviewer to be fundamental and

far-reaching-are a weakness in analysis and definition and an inconsistency

in stating the part played by the courts in the making of law.

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