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The Search for Practicability
Abstract
The third task of the Court of Justice lies in the search for practicability. It arises, as has already been discussed,1 from the continuing tension in the law between the almost infinite multiplicity and complexity of social facts and patterns and the need to develop clear and general guides of conduct. Without an appreciation of this tension and of the demands which it places on the articulation of legal rules, the Court runs the danger of oversimplification or, at the other extreme, of a dissolution of the law into the casuistry of an endless line of cases. Both extremes signal a loss of legal control. The one because high levels of abstraction, however profound or logical or systematic, tend to lose contact with social realities and do not meet the practical needs and expectations of an ongoing society. The other because highly individualized rules are of little predictive value and the law loses accordingly in the certainty it can offer legal relationships. Negatively speaking, therefore, the search for practicability requires the judicial avoidance of these two extremes.
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The author carried out the resistance test of prolate spheroids having the length-breadth ratio nearly 4, 6 and 8 at various immersion, and compared their residual resistance with the wave making resistance calculated theoretically.
The values calculated by the first approximation theory are very lower than those from experiments, these difference may be explained in their character by the second approximation theory based on the perturbation method. But in our stage of the approximation, the calculated values are still far from correspondence with experimental values. Therefore he seeks and tries to ex plain these difference with the idea of the equivalent immersion, that is, these discrepancy is correspond to the condition shallower (or deeper) in the immersion. This correction in quantity is almost constant in high speed, and seems to give a fairly good estimation in other case.
Legal Fictions See his ch. 2 for the motives of legal fiction
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Emergence and Content of Modern Economic Analysis
- Feltner
Conclusion of Adv-Gen. Lagrange
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Relevanter Markt im Recht der Wettbewerbsbeschränkungen
- Günther
Conclusions of Adv-Gen. Roemer, in Case 34
- Rspr
in particular, the “Observations” of Frowein
- See
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Roemer, in Case 34/62, 9 Rspr
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