Farther Along

The universal spirit of Laws, in all countries is to favor the strong in opposition to the weak, and to assist those who have possessions against those who have none. This inconveniency is inevitable, and without exception. Jean Jacques Rousseau (1762) The “Haves” paper was written in a different age. Its core was composed in the fall of 1970 when I was a fellow at the Yale Law School's remarkably fruitful soft-money Program in Law and Modernization. This was before the ascent of law and economics, before the emergence of critical legal studies and its progeny, before the promotion of alternative dispute resolution, before the arrival of the new legal journalism and the informational opening of legal world in 1979. The Law and Society Association, founded in 1964, was largely a support group dedicated to publishing the Law & Society Review (then in volume 5) and had not yet held a national meeting.