Karl N. Llewellyn

The Bar’s Troubles, and Poultices—and Cures?

The problem of unauthorized practice of the law is a problem of using the processes of the law to define and protect a monopoly. It immediately raises a series of obvious questions: What are the precise subject-matters of the proposed monopoly? Or, where statutes have already been passed recapturing invaded areas or pushing the monopoly into non-traditional salients, what are the precise subjectmatters of the actual legally protected monopoly? Then: Why does our society need to entrust any of these subject-matters, examined

On the Good, the True, the Beautiful, in Law

N THE first two lectures of this series, I tried to show the succession of overemphasis on one, another, and ever another vital phase of the institution of law, in presenting what the thinker, his public, or both, took to be a rounded view of the whole; and I suggested that the needs of a man within himself, and of his times around him, made the swing from exaggeration to exaggeration all but inevitable.