Suchergebnisse

Address before the Royal institute of international affairs, London, Nov. 6, 1952.

Address before the Royal institute of international affairs, London, Nov. 6, 1952.

Three points relevant in describing the place of the courts in our history are: (1) our generally instrumental attitude toward all social institutions: (2) our increasing stress on rationalizing, rather than moralizing, of social relations; & (3) the greater importance we have begun to give to trying to prevent trouble, as compared with picking up the pieces that trouble leaves. In the 19th cent our society turned more to Ur living, which shifted away from perceiving law and the courts in an instrumental way. Budget-mindedness, rather than cost-mindedness came about as a result of a closer living together, which increased rationalization as against moralizing. The movement to rationalize judicial organization has only begun in the last 30 yrs. 20th cent law saw a major shift towards preventive, positive, framework-building-up of the power of the political community. Courts lost prestige in popular esteem because change there was slower than the pace of change in the social structure. The lawyer, particularly in the economics of legal service, has not changed much from the days of his grandfather. In light of the few studies that have been made, 'the bar as a whole has been failing in service to the community because of its failure to communicate better to laymen what legal service they ought to have, and on what terms they expect to have it.' L. P. Chall.

The complexity and enormity of land tenure problems permeate nearly every phase of Cuba's economic and social life. Basic to an intelligent approach toward solution of Cuba's complex agro-economic problems is an understanding of the evolution of land tenure. The economic and social matrix of the system of land monopoly in Cuba is found in the colony within the Spanish Empire. The Captain General and the Royal audience had the sole right to grant land. Scanty knowledge of local conditions, however, led to the practice of Cuban municipal governments granting crown lands, even though this practice was not sanctioned by law. The legal right of municipal governments to grant lands was verified by the Ordenozas Municipales, issued as a Royal Order in 1578 and withdrawn in 1729, by which time titles to land granted were most confused. Tobacco culture and cattle ranching contested for land control during the 16th and 17th cents. Dating from 1763 sugar culture in Cuba progressed rapidly and there emerged a great variety of operating systems for sugar cultivation on latifundos. Approximately 75% of the tillable land in Cuba is owned or under lease by a few sugar corporations and Cuban-owned cattle ranches. The present system of land taxation is but a slightly amended relic of the late 1800's. The powerful coalition of large landholders has thwarted all serious attempts to alter land tax laws. The constitution adopted in 1940 contains sections designed for improvement of the island's agricultural economy. L. Jones.