[8]. See also the valuable and suggestive writings on American history by Professor W. E. Dodd, of Chicago University; W. A. Schaper, “Sectionalism in South Carolina,” American Historical Association Report (1900), Vol. I; A. Bentley, The Process of Government; C. H. Ambler, Sectionalism in Virginia. There are three works by socialist writers that deserve study: Simons, Social Forces in American History; Gustavus Myers, History of Great American Fortunes and History of the Supreme Court.
[9]. See Seligman, The Economic Interpretation of History.
[10]. Vincent, in his treatise on Historical Research (1911), dismisses the economic theory without critical examination.
[11]. The Congressional Record requires more care in use than any other great source of information on American politics.
[12]. Attention should be drawn, however, to the good work which is being done in the translation of several European legal studies, the “Modern Legal Philosophy Series,” under the editorial direction of the Association of American Law Schools. Perhaps the most hopeful sign of the times is the growth of interest in comparative jurisprudence. See Borchard, “Jurisprudence in Germany,” Columbia Law Review, April, 1912.
[13]. For examples of Maitland’s suggestiveness, see the English Historical Review, Vol. IX, p. 439, for a side light on the effect of money economy on the manor and consequently on feudal law. See also the closing pages of his Constitutional History of England, where he makes constitutional law in large part the history of the law of real property. “If we are to learn anything about the constitution, it is necessary first and foremost that we should learn a good deal about the land law. We can make no progress whatever in the history of parliament without speaking of tenure; indeed our whole constitutional law seems at times to be but an appendix to the law of real property” (p. 538). Maitland’s entire marvellous chapter on “The Definition of Constitutional Law” deserves the most careful study and reflection. He was entirely emancipated from bondage to systematists (p. 539).
[14]. J. C. Carter, The Proposed Codification of Our Common Law (1884), pp. 6–8.
[15]. Of the newer literature on law, see the following articles by Professor Roscoe Pound: “Do we need a Philosophy of Law?” Columbia Law Review, Vol. V, p. 339; “Need of a Sociological Jurisprudence,” Green Bag, Vol. XIX, p. 607; “Mechanical Jurisprudence,” Columbia Law Review, Vol. VIII, p. 605; “Law in Books and Law in Action,” American Law Review, Vol. XLIV, p. 12; Professor Munroe Smith, “Jurisprudence” (in the Columbia University Lectures in Arts and Sciences); Goodnow, Social Reform and the Constitution.
[16]. Consider, for example, the following remarks by this eminent Justice in his dissenting opinion in the New York Bakery case: “This case is decided upon an economic theory which a large part of the country does not entertain.... The Fourteenth Amendment does not enact Mr. Herbert Spencer’s Social Statics.... General propositions do not decide concrete cases. The decision will depend on a judgment or intuition more subtle than any articulate major premise.” 198 U. S. 75.
[17]. Op. cit., Vol. II, p. 367.