Note 114 — XIV METHODS OF LAW-MAKING IN ROME AND IN ENGLAND

If the view in question is defended as being if not historically true yet a convenient analysis of the actual facts of the case in modern England, the answer is that the Judge, as we know him to-day, can be represented as a delegate of Parliament only by arguing that Parliament commands whatever it does not forbid—a way of making facts square with a pre-conceived theory, which is not only opposed to English traditions, but essentially unreal and fantastic.