On Heroes

I have a few judicial heroes whom I admire for their intelligence and integrity. Ronald Dworkin, whose seminal work this blog is named for, is obviously one. Judge Learned Hand is another. This jurist, though never elevated to the Supreme Court, seems to be held in reverence amongst the entire profession. I cannot say I fault them. Hand's opinions are wonderful and insightful views into the law and his wisdom knows no bounds. In a story that may be apocryphal, Learned Hand was in a car with Oliver Wendell Holmes, whose wit was greater than his wisdom, during the latter's confirmation. Hand remarked to Holmes, "Do Justice", and Holmes responded, "I do the law."

This is of the conflict that most judges are faced with: law and justice. And while I am only a mere law student, I ponder these two daily when considering cases. What is justice and what do I consider justice, and what does the law say I have to do. How cruel and removed must I be when I apply the law, and does that law rest on a bedrock of justice?

Another Jurist I am beginning to admire is Justice Stevens, who is a calm island of temperence in a storm of right wing vitriol. Maybe I should read further into his works.