Pound explained
that "if we look closely, distinctions between law in the books and law in
action, between the rules that purport to govern the relations of man and man
and those that in fact govern them, will appear, and it will be found that today
also the distinction between legal theory and judicial administration is often
a very real and a very deep one .... [Roscoe Pound, "Law in Books, Law in
Action," 44 Am. L. Rev. (1910)].