Vanderbilt Law Review Volume 3 Issue 3 Issue 3 - A Symposium on Statutory Article 6 Construction 4-1-1950 Interpretation of Statutes in Derogation of the Common Law Jefferson B. Fordham Russell J. Leach Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Recommended Citation Jefferson B. Fordham and Russell J. Leach, Interpretation of Statutes in Derogation of the Common Law, 3 Vanderbilt Law Review 438 (1950) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol3/iss3/6 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. INTERPRETATION OF STATUTES IN DEROGATION OF THE COMMON LAW JEFFERSON B. FORDHAM * and J. RUSSELL LEACH t The tendency of the lex scripta to supplant the lex von scripta has carried far since Roscoe Pound published his provocative paper on "Common Law and Legislation" in 1908.1 One can note at the same time indications that statute law is being received with much less hostility. The surprising thing, however, is that legislation in general is not at this day getting a far more sympathetic reception by lawyers and judges. Clearly they make tip the professional group which has the largest share in the drafting and enactment of statutes. In actual practice, moreover, lawyers are given to committing private as well as public rules of the game to more or less carefully drawn instruments with a view to implementing broad ideas by detailed provisions calculated to indicate more clearly the desired line of human conduct.