The common law can resolve every dispute arising within the social order

Evidence

If a claimant comes before a court of general jurisdiction with jurisdiction also over the person of the defendant and asks for a remedy of a type which the court is empowered to give, the dispute, it seems, must always be adjudicable. For either there is some previously formulated settlement affirming or denying the right to the remedy or there is not. If there is, the question of the claimant’s right, of course, can be determined b. conventional processes of judicial reasoning. If there is not, then, it is suggested, the only difference is that reasoning must probe more deeply to the basic postulates of the social order - to the rational implications of the”shared purposes” of the members of the society of which Professor Fuller speaks. A reasoned answer to the question whether those implications do or do not justify the asserted right will always be possible. Within the limits fixed by established remedies, in other words, the common law provides a comprehensive, underlying body of law adequate for the resolution of all the disputes that may arise within the social order. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3336

Categorization

• DEEPTHINKING: A strong closed-system claim — the common law as comprehensive substrate adequate for all disputes — worth sitting with against the polycentric-limits view.
• XREF: Connects to the Hart-Sacks claim that courts cannot decline to make law because every merits judgment resolves the dispute. — connects to: Polycentric problems with interdependent judgments resist adjudication — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3342; The common law adapts to social and economic change — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311; Implicit negotiation between courts and legislatures shapes common law even absent statute — G. Alan Tarr, Judicial Process and Judicial…, 3539 (+1 more)

Broader Connections

• Implicit negotiation between courts and legislatures shapes common law even absent statute #qualifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 3539
• Equity must extend common-law principles to novel wrongs produced by new social conditions #qualifies (0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1127
• The common law adapts to social and economic change #qualifies (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1311