The Negligence Issue

It would be futile for the law to attempt to deal in detail byway of precise anticipatory rule with each of the infinite numberof cases which can be classified as negligence cases., Thenumber of such situations in which the quality of conduct can bemeasured by standards stated in terms *of conduct is relativelysmall. The torrents of pertinent factors incident to any wholesaleattempt along this line are beyond classification and statement. The qualities of personality are themselves numerous;their shadings are countless; the conduct of individuals is incalculableat present in its variety; the possible combinations ofthese are literally infinite, as infinite as space and time. Thenumber of instances of conduct which could be labelled eitheras negligent or non-negligent is beyond the limits of any catalog the law can make. So it is not surprising that in the face of infinitythe law does exactly what other sciences do in like situations.It adopts a formula; a formula in terms which will permitits problems to be reduced to a graspable size. This formula,like many other formulas, tends quickly to become ritual andit would seem that it is only this ritual which holds the law\u27sinterest. This much it insists upon rigorously, but this is asfar as the law\u27s science goes in this direction