Download Justice Holmes, Natural Law and the Supreme Court by Francis Biddle PDF

April 5, 2017 | Legal Theory Systems | By admin | 0 Comments

By Francis Biddle

The Oliver Wendell Holmes Devise Lecture for 1960

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As such, legal understanding cannot rely on the grace of God for help. When the law saves or condemns, it must take sole responsibility as the cause of deliverance or affliction. What, then, have we learned by parsing the pagan and Christian components of mercy for their application in a legal context? The next section turns to definitions of the legal act of mercy, but we should pause first to assign a cross-reference of qualities that might apply to such an act. ’ . . ” Morning Session of a Hearing of the Senate Judiciary Committee Subject: Nomination of Sonia Sotomayor to Be an Associate Justice of the Supreme Court (Federal News Service, July 13, 2009), p.

Morning Session of a Hearing of the Senate Judiciary Committee Subject: Nomination of Sonia Sotomayor to Be an Associate Justice of the Supreme Court (Federal News Service, July 13, 2009), p. 5. Robert A. Ferguson 36 the moment at issue; and, not to be forgotten, recognition of the meaning of cruelty within the established norms of a culture. What are not relevant considerations? Sympathy in the pathos of an individual situation is a dangerous tool in what should be a detached judgment based on larger understandings.

For the suggestion that human dignity is defined by free choice in the deliberative function over incompatible possible actions, see Patrick Lee and Robert P. George, “The Nature and Basis of Human Dignity,” Ratio Juris 21 (2008): 173–93. For a challenge to the whole meaning of dignity as a useful concept, see Steven Pinker, “The Stupidity of Dignity,” New Republic, May 28, 2008, 28–31. For the affinities as well as the differences between religious and legal thought, see Perry Miller, The Life of the Mind in America from the Revolution to the Civil War (New York: Harcourt, Brace and World, 1965); Robert A.

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