_Secretary of the Comparative Law Bureau of the American Bar Association, Philadelphia, Pa_.
_Professor of Law in the University of Chicago_. MAURICE PARMELEE,
_Professor of Sociology in the State University of Kansas_. ROSCOE POUND,
_Professor of Law in the University of Chicago_. ROBERT B. SCOTT,
_Professor of Political Science in the State University of Wisconsin_. JOHN H. WIGMORE,
_Professor of Law in Northwestern University, Chicago_.
INTRODUCTION TO THE ENGLISH VERSION.
WHAT Professor Gross presents in this volume is nothing less than an applied psychology of the judicial processes,--a critical survey of the procedures incident to the administration of justice with due recognition of their intrinsically psychological character, and yet with the insight conferred by a responsible experience with a working system. There is nothing more significant in the history of institutions than their tendency to get in the way of the very purposes which they were devised to meet. The adoration of measures seems to be an ineradicable human trait. Prophets and reformers ever insist upon the values of ideals and ends--the spiritual meanings of things--while the people as naturally drift to the worship of cults and ceremonies, and thus secure the more superficial while losing the deeper satisfactions of a duty performed. So restraining is the formal rigidity of primitive cultures that the mind of man hardly moves within their enforced orbits. In complex societies the conservatism, which is at once profitably conservative and needlessly obstructing, assumes a more intricate, a more evasive, and a more engaging form. In an age for which machinery has accomplished such heroic service, the dependence upon mechanical devices acquires quite unprecedented dimensions. It is compatible with, if not provocative of, a mental indolence,-- an attention to details sufficient to operate the machinery, but a disinclination to think about the principles of the ends of its operation. There is no set of human relations that exhibits more distinctively the issues of these undesirable tendencies than those which the process of law adjusts. We have lost utterly the older sense of a hallowed fealty towards man-made law; we are not suffering from the inflexibility of the Medes and the Persians. We manufacture laws as readily as we do steam-rollers and change their patterns to suit the roads we have to build. But with the profit of our adaptability we are in danger of losing the underlying sense of purpose that inspires and continues to justify measures, and to lose also a certain intimate intercourse with problems of theory and philosophy which is one of the requisites of a professional equipment
and one nowhere better appreciated than in countries loyal to Teutonic ideals of culture. The present volume bears the promise of performing a notable service for English readers by rendering accessible an admirable review of the data and principles germane to the practices of justice as related to their intimate conditioning in the psychological traits of men.