It is true, that a Law of Contract based on causae will always be an arbitrary and inelastic law; but it is a kind of law with which some great nations are satisfied at the present day. Edward Jenks
In the federal confirmation process, a standard question from the judiciary committee is, "Well, if you're confirmed will you legislate?" And, with a look of horror, the nominee says, "Oh, I won't legislate." Well, what about the law of contract and tort; where do they think it came from, the stork? Anthony Kennedy