The Calcutta Law Journal June 1 1914

The tendency in the United States to-day is to temper judicial exercise of the deciding function by conceding extravagant powers to juries and there are signs of tendency to temper judicial exercise of the law-declaring function by devices for popular review of decisions. [...] This is the theoretical basis of a tendency in the United States at present to take away from the Courts matters in which social workers are vitally interested in which new premises are demanded both as the basis of law-making and as the measure of applcation of legal standards. [...] But growth takes place chiefly in the maturity of law by working out the -results of principles which are found in the traditional materials by analysis and by discovering through judicial experence the applications of those principles which will subserve the ends of justice. [...] Turning to the advantages of judicial justice in the first place with respect 'both to the law-declaring and to the deciding function it combines the possibilities of certainty and of flexibility better than any other form of administering justice. [...] Where the transfer is a sale of the whole holding the landlord in the absence of his consent is ordinarily entitled to enter on the holding ; but where the transfer is of a part only of he holding or not by way of sale the landlord though he has not consented. is not ordinarily entitled to recover possession 9f the holding unless there has been (a) an abandonment maim the meaning of Sec.