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Justice & Law Quote by Frederick Pollock

"Not that pleading can be taken as a test, for the forms of action, notably Debt, ignore the fundamental difference between duties imposed by law and duties created by the will of the parties"

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Legal forms don’t care about your moral story; they care about what box your claim fits into. Pollock’s line is a cool rebuke to the lawyerly temptation to treat “pleading” (the way you frame a case on paper) as a reliable guide to what the law is really doing. He’s warning that certain inherited “forms of action” - especially Debt - bulldoze nuance. You can dress your dispute up as a matter of obligation, but the form will flatten the dispute into a standardized transaction.

The specific intent is technical and corrective: Pollock is policing a boundary between two kinds of “duty.” One is imposed by law (think: duties not to defraud, not to trespass, to compensate for harm). The other is created by the parties’ will (contractual promises). Debt, historically, was a procedural hammer: it let courts enforce payment obligations in a way that could make consensual promises and legally imposed liabilities look deceptively similar once translated into pleadings.

The subtext is institutional skepticism. Pollock is telling readers not to confuse the courthouse’s administrative language with real-world agency. When the law pretends every obligation is just “a debt,” it quietly shifts power: private bargains gain the aura of public command, and public duties can be treated like mere accounting.

Context matters. Pollock wrote in the long shadow of England’s procedural past, when rigid writ-based forms shaped outcomes. Even as modern law moved toward substance over form, he’s insisting that categories still exert gravity. The quote is less about wordplay than about legal architecture: procedure doesn’t just express justice; it manufactures it.

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TopicJustice
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Pollock on Pleading and the Source of Legal Duties
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About the Author

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Frederick Pollock (December 10, 1845 - January 18, 1937) was a Judge from England.

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