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The Political Philosophy of MR. Justice Holmes
DOI link for The Political Philosophy of MR. Justice Holmes
The Political Philosophy of MR. Justice Holmes book
The Political Philosophy of MR. Justice Holmes
DOI link for The Political Philosophy of MR. Justice Holmes
The Political Philosophy of MR. Justice Holmes book
ABSTRACT
Judges, as a rule, must approach political problems inter-stitially, for they do not choose the subjects upon which they are to pronounce. The authors can hazard a view about the way in which Chief Justice Marshall or Lord Eldon, Sir Edward Coke or Mansfield would have approached the political scheme of things entire; for the circumstances of their period bound them to diverse exposition in varied fields of effort. The political philosophy of judges is a series of half-articulate hints which men like Montesquieu or Bentham or Savigny must mould into a system. In fairly rigorous outline, the manner of his approach to political problems is known; but fate has made the connection between philosophic background and detailed principle inevitably fragmentary in character. The keynote of Mr. Justice Holmes' political outlook is a rejection of absolutist concepts. The inherent power of the State to meet its problems as they may arise is the unassailable and primordial postulate of political science.