The lawyer’s role was invention of private-law instruments under unclear doctrine

Evidence

In this state of the law, what advice would you as a lawyer have given a Massachusetts railroad at about 1850, concerning the steps it should take, if any, to modify its common law liability through the device simply of special agreement? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3626

Categorization

• XREF: Pays off the earlier chapter-54 claim that private lawyers continuously create novel legal instruments altering the economy’s structure. — connects to: Private lawyers continuously create novel legal instruments that alter the economy’s structure — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3298; Law often codifies autonomous private practice into universal obligation rather than inventing new forms. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4316; Official agencies can regulate private law-making without supplanting it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4260

Broader Connections

• Law often codifies autonomous private practice into universal obligation rather than inventing new forms. #contradicts (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4316
• Official agencies can regulate private law-making without supplanting it #complicates (0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4260