The Yale Review, Vol. 6: A Quarterly Journal for the Scientific Discussion of Economic, Political and Social Questions; May, 1897, to February, 1898 (Classic Reprint)
The Yale Review, Vol. 6: A Quarterly Journal for the Scientific Discussion of Economic, Political and Social Questions; May, 1897, to February, 1898 (Classic Reprint)
Excerpt from The Yale Review, Vol. 6: A Quarterly Journal for the Scientific Discussion of Economic, Political and Social Questions; May, 1897, to February, 1898 It may be objected that the failure of the pooling clause was Simply the failure Of a statute, which is notoriously more frequent than the failure Of a judicial decision by a court of final authority; and that the two cases are there fore not parallel. But it may be urged on the other hand that the necessity Of pooling is far less Obvious than the necessity Of ...
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Excerpt from The Yale Review, Vol. 6: A Quarterly Journal for the Scientific Discussion of Economic, Political and Social Questions; May, 1897, to February, 1898 It may be objected that the failure of the pooling clause was Simply the failure Of a statute, which is notoriously more frequent than the failure Of a judicial decision by a court of final authority; and that the two cases are there fore not parallel. But it may be urged on the other hand that the necessity Of pooling is far less Obvious than the necessity Of traffic agreements for quoting joint rates; and that a judicial decision which attacks the latter power is as weak, relatively, as a statute which attacks the former. The power Of either legislature or courts to prevent agree ments which operate in the public interest is far less than is commonly supposed. The law may be so framed that the courts will refuse to support any given agreement, and may thus make its continuance depend on the good faith Of the contracting parties. SO far as the maintenance Of any agreement or contract is really dependent On the authority Of the courts, the withdrawal of the right to appeal to that authority will destroy the force Of the agreement. But Where the maintenance Of the agreement rests on the character and intentions Of the parties themselves, the withdrawal of the right does not destroy it; and in these circumstances the threat Of statutory penalties usually has little effect. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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All Editions of The Yale Review, Vol. 6: A Quarterly Journal for the Scientific Discussion of Economic, Political and Social Questions; May, 1897, to February, 1898 (Classic Reprint)
