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Croly, Herbert David, 1869-1930

"The Promise of American Life"

With the advent of comparative
economic and social maturity, the exercise of certain legal rights
became substantially equivalent to the exercise of a privilege; and if
equality of opportunity was to be maintained, it could not be done by
virtue of non-interference. The demands of the "Higher Law" began to
diverge from the results of the actual legal system.
Public opinion is, of course, extremely loth to admit that there exists
any such divergence of individual and social interest, or any such
contradiction in the fundamental American principle. Reformers no less
than conservatives have been doggedly determined to place some other
interpretation upon the generally recognized abuses; and the
interpretation on which they have fastened is that some of the victors
have captured too many prizes, because they did not play fair. There is
just enough truth in this interpretation to make it plausible, although,
as we have seen, the most flagrant examples of apparent cheating were
due as much to equivocal rules as to any fraudulent intention.


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