Monday, May 25, 2009
Stanley Fish, responding to President Obama's mission to appoint a successor to Justice David Souter who values "empathy" as much as "abstract legal theories," writes a typically astute column distinguishing between law and morality, even though it sputters to a conclusion. There's a whole tradition of twentieth century jurisprudence that valued results over legal formalism, and the tradition transcends ideology (Rufus Peckham, author of the notorious Lochner vs New York, is as results-oriented as William O. Douglas and Earl Warren). Maybe newly graduated lawyer Andy can hash this out.
Posted by Alfred Soto at 8:55 AM