The Sanctity of Contracts in English Law - College of Social ...

Conclusions 73statutory regulations. Many other examples couldbe given from the law governing masters and servantsand overseas trade.But the foregoing " explanation" is really noexplanation at all: it is a simple description of ageneral political trend. The root causes lie deeper.One commentator has observed that we are todayconfronted with the paradox that man is at once asocial being, and therefore co-operative, and anindividual personality, and therefore competitive.More and more, it is becoming apparent in the fieldof economics and political science that one of thegreat contentious issues of modern times is whetherthe State should intervene to regulate certain aspectsof our daily lives; and if it should, to what extentsuch intervention should be carried. In other wordsthe line between the provinces of State activityand individual enterprise is indistinct. It would begenerally agreed that it is for the legislature ratherthan the courts to draw that line. Indeed, as ProfessorFriedmann has pointed out, 10 the English judiciaryaccept for practical purposes the doctrine of separationof powers and are consequently reluctant to competewith the legislator in the application of legal policy.In this respect their attitude can be contrasted withthat of the American Supreme Court, which, throughits role as guardian of the Constitution, has decisivelyinfluenced American social policy for almost a century.The English Statute-book in recent years is full ofenactments reflecting prevalent political, economic andi° Legal Theory, 3rd ed., at p. 334.