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Law and
Democracy
by Louis Dembitz Brandeis
What are American ideals? They are the
development of the individual for his own and the
common good; the development through liberty, and
the attainment of the common good through democracy
and social justice.
Our form of government, as well as humanity,
compels us to strive for individual man. Under
universal suffrage every voter is a part ruler of
the state. Unless the rulers have, in the main,
education and character, and are free men, our
great experiment in democracy must fail. It
devolves upon the state, therefore, to fit its
rulers for their tasks.
Democracy must be on its toes. You cannot get
democracy by doing nothing, or even by passing
laws. It has to come from the people. Law is no
substitute for the efforts of the citizen. We make
laws for the community. We cannot make the
community fit the laws. If we desire respect for
the law we must first make the law respectable.
We are particularly at fault in America in
making private things public and keeping public
things private. There used to be a certain glamour
about big things; anything big, simply because it
was big, seemed to be good and great. We are now
coming to see that big things may be very bad and
mean.
Big business is not more efficient than small
business. Within certain limits you may get through
size a relatively smaller cost unit, but the size
of greatest efficiency is reached at a
comparatively early stage. With the growth in size
comes an increasing cost of organization and
administration, which is so much greater than the
increase in the volume of business that the law of
diminishing returns applies.
The real test of efficiency comes when success
has to be struggled for; when natural or legal
conditions limit the charges which may be made for
the goods sold or the services rendered. Real
efficiency in any business in which conditions are
ever changing must ultimately depend, in large
measure, upon the correctness of the judgment
exercised, from day to day, on important problems
as they arise.
I believe that the possibilities of human
advancement are unlimited. I believe that the
resources of productive enterprise are almost
untouched, and that the world will see a vastly
increased supply of comforts, a tremendous social
surplus out of which the great masses will be
apportioned a degree of well-being that is now
hardly dreamed of.
Excerpted from The Brandeis
Guide to the Modern World
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