The Green Bag
find fault with than simply an artificial terminology. One point needs to be made clear — Mr. Bingham does include in his mate rial of legal science not only purely objective phenomena, but the quasiobjective phenomena of legal rules for mulated in the past and co-operating with other causes in effecting the external development under consideration. Judi cial generalizations in the past are deemed important. But they are not treated as the most important legal phenomena, or as "law" itself rather than merely factors in its growth. Mr. Bingham could not consistently treat them as "law" without adhering to his mate rial rather than formal definition, and referring not to these "generalizations" as such but to the concrete facts on which they were based — their "con tent." If law be briefly defined as an en forceable norm of conduct, there are three elements in the definition, force,
norm, and conduct. What Mr. Bing ham does, in effect, is to discard the second element, on the ground that it is merely a "generalization" of the first. The first element, that of force, he ele vates by means of his conception of governmental sequences; by treating them as virtually synonymous with the law he confuses what is only the attri bute of law, its enforceability, with law itself. Thus he abstracts a certain quality from law and exalts it above the matter to which it relates. He ab stracts from law its mechanical func tion, conceiving it as the whole of law, and in so doing, instead of approaching nearer to the concrete, as he supposes, gets further away from it. Many interesting points are touched in Mr. Bingham's reply, which we are tempted to discuss, but as we discover no reason for modifying or enlarging views already expressed, we refrain from more extended comment. The Editor.
Stogenics THE REPORT OF A POSTHUMOUS CASE RECENTLY BEFORE THE ALL-IN COURT By Sabinius Benedictus WHEN the clerk was arranging the docket one day, Several groans from above made him look up that way, Where Judge Stogy's picture, though he's long since dead, Was perplexedly frowning and shaking his head, When that ancient man with visage most grim Bestirred himself slowly and thus spoke to him: — "Young man," quoth he, with accents grave, "I cannot make my ghost behave, For there's just one case, I could not solve, When I was dwelling here above: