6.3 The Uniform Trust Code Permits Traditional Norms
The Uniform Trust Code, by design, permits the traditional norms that governed the exercise of trustee discretion to continue to be enforced and refined by that common law – a process that earned the trust Maitland’s high tribute.
 Maitland, supra note 23, at 23 (Professor Maitland famously described the trust as “the most distinctive achievement of English lawyers. It seems to us almost essential to civilization.”). Conceptually, rules regulating complex human relationships, like those involved in trusts or, for that matter, partnerships, may be more perfectly developed by the evolutionary process of the common law as opposed to the attempting to create such rules from a universal theory of human relationships based, in this case, on contract: “What has been said (about the development of judge made law) will explain the failure of all theories which consider the law only from its formal side; whether they attempt to deduce a corpus from a priori postulates, or fall into the humbler error of supposing the science of the law to reside in the elegantia juris, or logical cohesion of part with part. The truth is, that the law always approaching, and never reaching, consistency. It is forever adapting new principles from life and at one end, and it always retains old ones from history at the other, which have not yet been absorbed or sloughed off. It will come entirely consistent only when it ceases to grow.” Oliver Wendell Holmes, Jr., “The Common Law, Lecture I-Early Forms of Liability” (Project Gutenberg 2000, www.gutenberg.org). – See more at: /estate-trust-planning/resisting-the-contractarian-insurgency-the-uniform-trust-code-fiduciary-duty-and-good-faith-in-contract/6-conclusion/6-3the-uniform-trust-code-permits-traditional-norms/#sthash.YjJTWKO3.dpuf