Abstract

One does not need to read many pages of this very rich book to realize that it is the fruit of a lifetime of study and that it is both speculatively wise and prudent. Though it may not receive the same degree of attention as other well publicized studies it clearly ranks with studies such as Hart's The Concept of Law and Erlich's The Sociology of Law. The author intends to develop a systematic theory of positive law, with close attention to the circumstances that bring law into being, the purposes that law is designed to serve, and the structure of the legal system itself. He also proposes to apply this theory to an examination of the problems that law faces and the conditions that it must satisfy if it is to be an effective force in society. Nineteen chapters follow. Jenkins is aware that the study of law is but part of the larger study of society from which law receives its tasks and form. To determine the origin, end and functions of law is to search for those objective principles that define the conditions of man's well-being. While the first part of the book is concerned with the formulation of a general theory of law, the second explores the role of law in the social order and the conditions of legal effectiveness. Jenkins provides dramatic evidence that in our day, particularly in the United States, law is being employed for purposes that are unprecedented. "The legal apparatus," he writes, "is being asked to intervene in areas of social and personal life that have hitherto been handled by other agencies in other ways." It is the author's judgment that these nontraditional uses of law have for the most part been disappointing in their results. "We abuse the legal apparatus," writes Jenkins "because we have inadequate notions both of what the law is and how it works." Jenkins is convinced that law supplies the compelling social need for a force that is at once sovereign and principled. As sovereign it is entitled to habitual obedience and to the use of force when necessary. As sovereign, subject to no external control, it must be principled. It must govern itself by self-imposed provisions and mechanisms that determine the use of this power and prevent it from becoming autocratic and arbitrary.