468 JURISPRUDENCE 



and that in certain particulars it failed to attain the purposes in- 

 tended. Like the lines which the surveyor first runs, which are not 

 expected to be right, they are studied in order to find out how far 

 wrong they are and thus determine where right lies. Thus funda- 

 mental principles or generalizations are reached which are derived 

 from and rest upon human experience in the administration of 

 states. The study of the rule itself, its applicability, and its opera- 

 tion are the only facts from which we may determine at last the 

 true principle which ought to govern in a particular case. 



All law, wherever administered, has a certain object in view. 

 Generally speaking, it is the well-being of society; the greatest pos- 

 sible freedom of action to the law-abiding; the establishment and 

 clear definition of rights and obligations; the righting of wrongs 

 all in the interest of the peace and the integrity of the community. 

 Does a given law tend toward these results in any particular, as 

 shown by its operation in any state? If so, we may assume that 

 there is in it a true principle which may be taken into the account. 



We are not only to discover principles, but the operation of each 

 must be clearly observed in order to put it in right relations with 

 others, and thus form an harmonious system. Every principle has 

 its limitations; it cannot work independently. For example, the 

 rule that all law shall be equally applied to every person within the 

 state is good, but the moment we undertake to apply this principle 

 we find that its operation is limited by what is called the status of 

 persons. It applies with all its force to persons of normal status, 

 but must be suspended to some extent where the status of the in- 

 dividual is abnormal, as, for instance, where he is a lunatic or an 

 infant. Other principles must be taken into consideration in deter- 

 mining the rights or the protection which should be extended to these 

 persons occupying an abnormal status; Conditions also change the 

 operation of law. Take, for illustration, the rule that certain con- 

 tracts in restraint of trade are against public policy and void. Under 

 the old and simple conditions of business and the very limited terri- 

 tory of competition, the rule needed very little safeguarding, but 

 with the modern development of trade and commerce, the intro- 

 duction of steam, the extension of territory, and the growth of popu- 

 lation, the word " reasonable " must be introduced and defined and 

 given its proper force and effect in applying this rule. Not all 

 contracts in restraint of trade are void, but only those contracts 

 which are an unreasonable restraint of trade. 



The method, therefore, must be the historical investigation of 

 formulated law, a careful analysis of each rule, with close observation 

 of its operation and of the ever-changing conditions of society. 

 This method will give us the true foundation for generalization and 

 an harmonious system. 



