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What I have written for the thirty-first Benjamin N. Cardozo Lecture makes no pretense to be polished or finished wisdom.In the words of an imposingly great predecessor, Judge Charles E. Clark, beginning the fifth of these lectures in 1945, I propose "to suggest problems and raise doubts, rather than to resolve confusion; to disturb thought, rather than to dispense legal or moral truth."'Probably more rash than Judge Clark, I do not experience "trepidation ' 2 for offering questions rather than answers; honest exploration in any province of the law is surely no dishonor to the questing spirit of Judge Cardozo.My questions, briefly stated, have to do with some imperfections in our adversary system.My purposes are to recall some perennial problems, to touch upon one or two familiar ideas for improvement, and to sketch some tentative lines along which efforts to reform our law might proceed.Because I plan to focus on recurrent criticisms of the activity to which my professional life is and has been devoted, I find it
Marvin Frankel (Thu,) studied this question.