Professor Friedmann, who had already made a notable contribution to jurisprudence in his Legal Theory, now in its second edition, has now made a second and perhaps even more notable contribution toward understanding the role and presaging the future of the common law system in the society of today. His purpose is a reassessment of the function of law and of legal institutions in England a half century after Dicey's Law and Public Opinion in England during the Nineteenth Century, comparing the economic function of law and how the common law was adapted to it in the nineteenth century with its function in the "vastly changed social pattern of contemporary England" (p. 3) in the twentieth century after half of that century has gone by. He seeks to coordinate recent developments with respect to the relation of the judicial function and judicial process to social problems, the role of legislation and the interpretation of statutes, the growth of standard contracts and collective bargaining, and the change in the structure and function of the law of property and to appraise the "interrelation of law and social change in present-day British society." (p. 3).
The Rule of Law and the Modern Social Welfare State,
7 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol7/iss1/1