Pound explained
that "[w]hen in a period of collectivist thinking and social legislation
courts and lawyers assume that the only permissible way of thinking or of law-making
is limited and defined by individualism of the old type, then, while men are seeking
to promote the ends of society through social control, jurists lay it down that
the only method of human discipline is ‘to leave each man to work out in freedom
his own happiness or misery,’ conflict is inevitable. With jurisprudence once
more in the rags of a past century, while kindred sciences have been reclothed,
we may be sure that law in the books will often tend to be very different from
the law in action." [Roscoe Pound, "Law in Books, Law in Action,"
44 Am. L. Rev. (1910].