Book Reviews : The World and Ideas of Ernst Freund: The Search for General Principles of Legis lation and Administrative Law. By OSCAR KRAINES. (University, Alabama: University of Alabama Press, 1974. Pp. xii, 221. Cloth, $8.00; paper, $3.50.)
| Author | Francis D. Wormuth |
| Date | 01 December 1974 |
| Published date | 01 December 1974 |
| DOI | 10.1177/106591297402700413 |
| Subject Matter | Articles |
734
are
its
length
and
balance.
One
cannot
help
but
feel
that
the
impact
would
be
greater
if
the
work
had
been
tightened
and
pared
by
at
least
a
third.
The
inclusion
of
literary
figures
is
a
nice
contrast
to
standard
works
in
political
theory,
but
these
chapters
tend
to
be
too
long
and
assume
an
intimate
familiarity
with
the
works
of
these
men
that
goes
beyond
realistic
expectations.
In
sum,
although
the
problems
of
length
and
balance
diminish
the
work’s
readability,
McWilliams
has
provided
us
a
significant
statement
about
an
important
political
concept
and
its
applicability
to
the
American
experience.
University
of
California,
Santa
Barbara
THOMAS
ILGEN
The
World
and
Ideas
of
Ernst
Freund:
The
Search
for
General
Principles
of Legis-
lation
and
Administrative
Law.
By
OSCAR
KRAINES.
(University,
Alabama:
University
of
Alabama
Press,
1974.
Pp.
xii,
221.
Cloth,
$8.00;
paper,
$3.50.)
In
the
nineteenth
century
industrialization
worked
great
changes
in
sub-
stantive
law;
it
provoked
also
the
establishment
of
new
legal
institutions
to
deal
with
the
economic
and
social
problems
it
generated.
To
fit
these
institutions
into
the
established
legal
order,
there
emerged
at
the
end
of
the
century
the
new
disci-
pline
of
administrative
law.
Ernst
Freund
first
offered
a
full-bodied
theory
of
the
appropriate
terms
of
accommodation
of
the
new
institutions
to
the
political
and
legal
order
-
a
theory
of
administrative
law.
Freund
was
American-born
but
German-educated,
and
had
a
wide
knowledge
of
comparative
law
and
institutions.
Compassion
and
social
concern
directed
his
interests
into
public
administration
and
administrative
law.
Although
he
spent
most
of
his
life
as
a
professor
at
the
University
of
Chicago
Law
School,
he
was
continually
involved
in
public
issues
such
as
labor
legislation,
social
service,
the
protection
of
immigrants,
the
passage
of
a
federal
tort
claims
act,
and
civil
rights.
He
served
on
a
score
of
public
or
professional
commissions
concerned
with
the
legal
treatment
of
social
problems.
Admirable
though
all
these
activities
are,
they
are
not
the
ground
of
the
fame
of
Ernst
Freund.
He
has
a
mind
of
pronounced
analytical
capacity
on
the
one
hand,
and
a
systematizing
bent
on
the
other.
Ivor
Jennings
called
Freund’s
Legis-
lative
Regulation
&dquo;the
greatest
contribution
to
English
legal
science
since
Bentham.&dquo;
The
virtue
of
this
book
is
also
the
virtue
of
Freund’s
other
works:
the
evaluation
of
the
suitability
of
alternative
means
to
an
end,
and
the
systematization
of
these
into
a
coherent
legal
scheme.
This
book
was
concerned
with
lawmaking;
Admini-
strative
Powers
over
Persons
and
Property
draws
upon
German
and
American
practice
to
offer
a
classification
of
technical
tools
for
control,
with
an
account
of
the
problems
for
which
each
is
suitable
or
unsuitable.
Freund
was
concerned
equally
with
legislation
and
administration.
Legis-
lation
was
the
outcome
of
politics,
but
Freund
hoped
that
it
might
obtain
on
the
one
hand
a
democratic
foundation
and
on
the other
a
rational
structure
which
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