Wilhs : Anglo-American Law 
125 
themselves. Then it was discovered that the reason why men 
had rights was in order to protect certain social interests. 
Men saw that the historical order was not the natural order. 
The historical order has been, first, courts and legal pro- 
cedure; second, remedies; third, duties; fourth, rights; and 
fifth, social interests. The natural order is, first, social in- 
terests; second, rights; third, duties; fourth, remedies; and 
fifth, courts and legal procedure (legal redress). Individuals 
have rights and duties because only thus, under the legal 
scheme, can social interests be protected. Remedies are given 
for the purpose of making rights and duties effective. Legal 
redress thru the machinery of the courts and legal procedure 
is the means whereby remedies are carried out. When this 
was discovered people also discovered that unless rights, 
duties, remedies, and legal redress are furthering some social 
interest there is no good reason for their existence; that if 
one social interest is more important than another, the one 
of less importance in case of conflict must yield to the one 
of more importance; and that there are other social interests 
just as important as those which had been emphasized up to 
the last of the nineteenth century. The result was that there 
has been great development of social interests in this fifth and 
last period in the historical development of Anglo-American 
law. Not only the social interest in general security, including 
the interests of personality, domestic relations, and substance, 
but the social interests in the security of social institutions, 
in general morals, in the conservation of social resources, in 
general progress, and in the individual life have been recog- 
nized and protected by the same scheme of social control by 
which the earlier social interest in general security was pro- 
tected. 
This development in the law has given us a new juris- 
prudence called sociological jurisprudence. Some of the chief 
exponents of this are von Jhering in Germany, Leon Duguit 
in France, and Roscoe Pound in the United States. These 
men have correctly interpreted the Period of Socialization, if 
they have not positively given direction to some of its move- 
ments. Thus there is observed in the twentieth century the 
same relation between law and philosophy and economics 
which existed in the nineteenth century, but it would be diffi- 
cult to tell which has changed more, the law, or philosophies 
and economic theories. 
