This work investigates the extent and legitimacy of the lawmaking function exercised by judges within the English and American legal systems. Louis Leventhal Jaffe, a distinguished legal scholar, examines the historical and functional roles of the judiciary in shaping common law. He argues that while judges are ostensibly interpreters of law, their decisions inevitably function as a form of legislative activity that requires careful constitutional and practical justification.

Legal scholars frequently cite this text as a concise, foundational exploration of the judicial role in democratic governance. Experts note that the prose is dense and academic, reflecting the author's deep expertise in administrative and constitutional law.