Note 216 — Chapter XXI · CIVIL SOCIETY AND THE POLITICAL STATE

See Pollock and Maitland, Vol. II., p. 561, who quote from Ihering: "Formulation is the sworn enemy of arbitrariness, the twin-sister of liberty"; and who add: "As time goes on there is always a larger room for discretion in the law of procedure: but discretionary powers can only be safely entrusted to judges whose impartiality is above suspicion and whose every act is exposed to public and professional criticism."