[48]. Col. Law Rev. 8, 610.
[49]. Pound, Outlines of Lectures on Jurisprudence, p. 20. The influence of sociology on law has here been very marked. For further discussion of a teleological jurisprudence, see [ch. XXIX].
[50]. Duguit, L’État, Le Droit Objectif et La Loi Positive, 398–409, from Jellinek, System der subjektiren öffentlichen Rechte, 193.
[51]. The whole legal history of associations and the development of association law throws much light on the growth of the community idea.
[52]. Also, I recognize, because his “droit objectif” based on social solidarity tends to sweep away contract. It is interesting to notice that contract is being attacked from more than one point of view. The bearing of all this on politics will be seen later, especially in [ch. XXIX], “Political Pluralism and Sovereignty.”
[53]. Quoted by Roscoe Pound in Col. Law Rev. 8, 616.
[54]. Statutes limiting the hours of labor were held unconstitutional, railway corporations were held not to be required to furnish discharged employees with a cause for dismissal, etc.
[55]. Harlan, J., in Mugler v. Kansas, 123 U. S. 623. Taken from Roscoe Pound, Liberty of Contract, Yale Law Journal, 18, 468.
[56]. The End of Law as Developed in Legal Rules and Doctrine, Harv. Law Rev. 27, 195–234.
[57]. “Statutes ... have taken many features of the subject out of the domain of agreement and the tendency of judicial decision has been in effect to attach rights and liabilities to the relation of insurer and insured and thus to remove insurance from the category of contract.”