will have cause for gratitude to the deliverer who will strike the fatal blow.
I have drawn illustrations from the field of substantive law. The law of evidence and generally the whole subject of procedure supply fields where change may properly be made with a freedom even greater. The considerations of policy that dictate adherence to existing rules where substantive rights are involved, apply with diminished force when it is a question of the law of remedies. Let me take an illustration from the law of evidence. A man is prosecuted for rape. His defense is that the woman consented. He may show that her reputation for chastity is bad. He may not show specific, even though repeated, acts of unchastity with another man or other men.[1] The one thing that any sensible trier of the facts would wish to know above all others in estimating the truth of his defense, is held by an inflexible rule, to be something that must be excluded from the consideration of the jury. Even though the woman takes
