1900s, The Strenuous Life: Essays and Addresses (1900), National Duties
Variant: No hard and fast rule can be laid down as to where our legislation shall stop in interfering between man and man, between interest and interest.
Context: No hard-and-fast rule can be laid down as to where our legislation shall stop in interfering between man and man, between interest and interest. All that can be said is that it is highly undesirable, on the one hand, to weaken individual initiative, and, on the other hand, that in a constantly increasing number of cases we shall find it necessary in the future to shackle cunning as in the past we have shackled force. It is not only highly desirable but necessary that there should be legislation which shall carefully shield the interests of wage-workers, and which shall discriminate in favor of the honest and humane employer by removing the disadvantage under which he stands when compared with unscrupulous competitors who have no conscience and will do right only under fear of punishment. Nor can legislation stop only with what are termed labor questions. The vast individual and corporate fortunes, the vast combinations of capital, which have marked the development of our industrial system create new conditions, and necessitate a change from the old attitude of the state and the nation toward property.
“Stereotyped rules laid down by judicial writers cannot be accepted as infallible canons of interpretation in these days, when commercial transactions have altered in character, and increased in complexity; and there can be no hard-and-fast rule by which to construe the multiform commercial agreements with which in modern times we have to deal.”
Jacobs v. Credit Lyonnais (1884), L. R. 12 Q. B. D. 601; 53 L. J. Q. B. 159.
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Charles Bowen 20
English judge 1835–1894Related quotes
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