These commissions are often largely composed of persons who are much more interested in what they conceive to be the social or moral side of public questions than in the formulation and interpretation of statutes. It would be a great gain for our legislation if provision were made by the federal government, as well as by the State governments, for expert advice and assistance in the drafting and revision of legislative measures.16 An interesting incident in its relation to the development of rational uniformity was the formation in New York a year ago of a Conference of Teachers of Law and Philosophy. No matter what may be the fate of this particular movement, a step was taken in the right direction; for I venture to say that reform in our legal conditions must be the work of students and philosophers rather than of politicians and practicing lawyers. Not only does association with political and forensic controversies create prepossessions, but it also absorbs one's time and attention. Should we not have in legal science, just as we have in medical science, an Institute of Research, in which men of ability and learning, profoundly interested in their work, may be enabled to devote their entire time to the study of law, on its theoretical as well as its technical side, with a view to its development and perfection? The establishment of such an institute, either independently or in connection with some university, might solve the problem of how to obtain that thorough, orderly and comprehensive disclosure of fundamental conditions which is essential to intelligent action." VIII SUGGESTIONS FOR A SCHOOL OF Growth of Interest in Legal Science In recent years there have been many signs of the growth in the United States of an interest in the study of law for scientific rather than purely professional purposes, with the practical object always in view of improving and simplifying legislation and rendering it more nearly uniform. When the University of Chicago was established it was proposed to found there a School of Jurisprudence, but this proposal was not carried out for reasons that did not go to the merits of the question. Nearly fifteen years ago such a project was announced at the Johns Hopkins University, but they still lack the funds to carry it out. At Harvard University important studies in comparative law have been carried on by Roscoe Pound, since 1913 Carter Professor of Jurisprudence. A fund of a hundred thousand dollars was some years ago given to the University of Pennsylvania for the establishment of legal research fellowships. There are, however, four incidents that furnish remarkably clear and distinct proof of the progress of the tendency above mentioned. One is the creation by the American Bar Association of a Comparative Law Bureau. A second is the initiative taken by the Association of American Law Schools to For an explanation of the origin of this chapter, see the introduction to the present volume, supra, p. xvi. secure the translation of works on foreign law and on legal philosophy. A third is the action taken by the Librarian of Congress. In his annual report for 1910-11 he said: "The Law Division of the Library of Congress is making a systematic effort to bring its collection of foreign law to a state of high efficiency. The growing interest in comparative law manifested by legislators, lawyers, and scholars has indicated the utility and stimulated the acquisition of a welldeveloped laboratory of comparative law, in which shall be represented the best legal literature of the important States of the world." In pursuance of this plan, the Librarian of Congress continued to develop his collections of legal literature, and issued a guide, prepared by Edwin M. Borchard, now a Professor of Law at Yale University, to the law and legal literature of Germany. This was followed by a similar guide for Spain; and, in 1917, by a “Guide to the Law and Legal Literature of Argentina, Brazil and Chile." As a result of these developments, students of law in increasing numbers are turning to the Library of Congress. Fourthly, Congress made provision for a legislative reference division in the Congressional Library. Task for Scholars under University Patronage This work, important as it is, is merely a preliminary to the more serious task which scholars must perform. The Comparative Law Bureau of the American Bar Association has assumed to some extent this more difficult and more serious task. The most pretentious of its earlier products, a translation of the Visigothic Code, was unreservedly condemned by competent critics. But there have since been published, under its auspices, trans 2 See Vinogradoff, Law Quarterly Review (London, 1911), p. 373; Munroe Smith, Columbia Law Review (1911), XI, 695. lations that have been more favorably received, including those of the civil codes of Argentina and Switzerland. The Bureau also published, from 1908 to 1914, inclusive, an Annual Bulletin, containing a review, by some qualified person, of the legislation of each country for the year, with notes on important legal events and a bibliography. Since 1915 this annual summary has been continued in the American Bar Association Journal. Great credit is due to those who have unselfishly contributed to this work. An editorial committee of the Association of American Law Schools has arranged for the translation of numerous foreign works on Continental Legal History and Modern Legal Philosophy, and for the publication of the translations. Under trying conditions, including sometimes the lack of funds, and with much general apathy on the part of the Bar, the committee have, since 1915, brought forth some creditable translations by persons of recognized competency. Among these it is not invidious to mention the translations of Huebner's History of Germanic Private Law, Kohler's Philosophy of Law, Miraglia's Comparative Legal Philosophy, Del Vecchio's Formal Bases of Law, Tourtoulon's Philosophy in the Development of Law, Fouillée and others' Modern French Legal Philosophy, the Rational Basis of Legal Institutions, and the Science of Legal Method, Select Essays by various authors. It is obvious, however, that, if work of the highest order in Comparative Law is to be done permanently and on a large scale, it must be efficiently organized and amply supported. To this end it should be taken up by some institution which has the sagacious inclination and the resources to employ competent men to give to the work their time and continuous attention and to pursue it unremittingly and systematically. The institution entering upon and effectively pursuing such a course will, it is believed, not only gain in prestige, but will also be enabled to guide the rapidly spreading movement for the application of scientific methods to legislation. Legislative Drafting In the development and guidance of this movement, a highly significant and promising beginning has already been made, at Columbia University, by the Legislative Drafting Research Fund, endowed by Mr. Joseph P. Chamberlain. Under this endowment there has been conducted by Mr. Chamberlain, Mr. Middleton Beaman, Mr. Thomas I. Parkinson, and their staff a legal laboratory, with a view to the improvement of legislation. Important work has been done by the Fund on Workmen's Compensation and other labor legislation, the Navigation and Shipping Laws, Criminal Procedure, Administrative Organization, Constitutional Law, and Methods of Law Enforcement; and in the prosecution of all these tasks a thorough knowledge of foreign law has been found to be essential. In regard to Workmen's Compensation, particularly, it has been necessary to seek information abroad, the subject being new in American law. The use, in labor disputes, of advisory councils, in which employer and employee are equally represented, has been derived from the legislation and experience of other countries. The preparation of legislation amendatory of our navigation and admiralty laws has also necessarily required an accurate knowledge both of the laws of other countries and of their operation. For the fact is always to be borne in mind that a knowledge of law, such as a draftsman should possess, signifies an acquaintance not only with the text of statutes and decisions, but also with the methods and results of their administration. Superficial copying of foreign laws would be as bad as the total disregard of them. Differences in economic |