| Legal Reformers | Conservatives |
| Law as scientific, abstract, rational, universal | Law as tradition, concrete, the law of a people of a place through time |
| Uniformity, a single American common law | Diversity, the common law of each state |
| Law of nations, commercial law | Law specific to a legal realm, modified by the statutes of the legislature of that realm |
| Above the Constitution, a higher law, natural law | More fundamental to the Constitution, traditional time-tested principles |
| Law school legal education | Reading law, apprenticeship |
| Professional "city" lawyers | Country lawyers |
| Business Clients | Farmer clients |
| Plaintiff lawyers | Defendant lawyers |
| Prefers federal courts and state supreme courts | Prefers county and state district or circuit courts |
| In an appellate system, for plaintiff appeals, for uniform law set by learned judges | In an appellate system, for defendant appeals, to delay judgment |
| Judge oriented | Jury oriented |
| Judge instructs juries | Judge only a consultant |
|
Judge sums up the evidence |
Judge only rules whether evidence is admissible |
|
Judge can throw out a verdict against the weight of the evidence |
New trials only in unusual cases |
| Law should change to change society | Law should maintain principles and protect rights |
| Law should not hinder but facilitate economic development | Law must protect property rights compromised by economic development |
| Revision of eminent domain | Preserve traditional eminent domain |
| Field Code | Traditional common law actions and pleading |
| Reform agenda strongest in federal courts, state courts in the northeast and in the west | Conservative agenda strongest in state courts outside of the northeast and east of the Mississippi |