Page:American Journal of Sociology Volume 1.djvu/671

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Nothing is more certain than the truth of these statements, which might be multiplied indefinitely from the law reports. They are iterated and reiterated by the judges every day:

Public policy differs also in different states and countries, as well as in the same country at different times. As people differ in their beliefs, opinions, aims, habits and surroundings, it is natural and inevitable that they should entertain different views as to what will best promote the public welfare. We need not stop to illustrate this simple and obvious rule.

From the fact that public policy is thus variable, it follows that no fixed rule can be laid down as to what is or is not contrary to public policy. We look to the law reports to find what, from time to time, has been adjudged upon the subject, and here we see in clearest perspective the variance to which we have just referred. Upon the most casual examination of the law books we instantly discover that cases declaring a rule of public policy in one year of grace are of very little or no value as authority in