economic data as well as the legal and we must find out how these laws work so as to profit by the experience of others. This is no small task. It is a far greater problem than that of building up a law library or gathering jurisprudence of the past.
Professor Ernst Freund in a recent pamphlet upon "Legislation and Jurisprudence" says:—
"What does it mean, to say that the fundamental law secures a certain amount of liberty, if it is not said how much, or that it forbids unjust discrimination, if the injustice is not defined? It is the merest commonplace that some restraint of liberty of contract and business, some discrimination, is not merely valid, but essential to the interests of society. Can the fundamental law be satisfied with the proclamation of rights of absolutely indeterminate content, directly contrary to other recognized principles, or is not limitation and definition of some sort absolutely essential to an intelligible rule of law? The courts have given us criticism, denunciation, and condemnation, but no positive guidance. The course of adjudication is marked by divided jurisdictions and divided courts, resulting in a lamentable uncertainty as to the limits of legislative power."
What is needed is a body of jurisprudence or quasi-jurisprudence—the formation of a body of principles directly relating to the whole subject of statute law. The judge goes into the law library and finds the classified law and jurisprudence of the past; the legislator comes for a few months every year to make laws with no
such data at his command.
