Law as an Instrument of Social Policy--The Brandeis Theory
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Law as an Instrument of Social Policy--The Brandeis Theory
Law as an Instrument of Social Policy--The Brandeis Theory
St. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theoryresa RooneyFollow this and additional works at: https://scholarship.law.stjohns.edu/lawreviewThis Article is brought to you for free and open access by the Journals at st. Johns Lav/ Scholarship Repository. It has been accepted for inclusion in st. John's Law Review by an authorized editor of st. Jo Law as an Instrument of Social Policy--The Brandeis Theoryhns Law Scholarship Repository. For more information, please contact selbyc©stjohns edu.St. JOHN’S Law ReviewPublished semi-annually during the AcademLaw as an Instrument of Social Policy--The Brandeis Theory
ic Year by St. John’s Law StudentsVolume XXII November, 1947Number 1LAW AS AN INSTRUMENT OF SOCIAL POLICY — THE BRANDEIS THEORYThe life-span of Louis St. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theory delivered the Dred Scott decision, story, a decade earlier, had been able to continue his teaching at Harvard between trips to Washington to take part in sessions of the United States Supreme Court. The recognized authorities were Blackstone and Kent. Law was said to be declaratory of right, and th Law as an Instrument of Social Policy--The Brandeis Theorye function of the judges was to apply the law found in statutes and previous decisions. Before Mr. Justice Brandeis died, in 1941, Harvard Law SchoolLaw as an Instrument of Social Policy--The Brandeis Theory
graduates, trained in case analysis, had become leaders in legal criticism and experimentation. The United States Supreme Court had survived grave chaSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theoryent of social policy.” 1It was seventy years ago that Louis Brandeis graduated from Harvard Law School, with the reputation of having received the highest marks ever given there. He had barely turned twenty-one, but he had already had a taste of the then fashionable German education and had found it Law as an Instrument of Social Policy--The Brandeis Theory wanting. The intellectual climate at Harvard was for him more stimulating. c. c. Langdell, on becoming Dean six years before Brandeis entered, had inLaw as an Instrument of Social Policy--The Brandeis Theory
troduced the case method of teach-1Mason, Brandeis and the Modern State 230 (1933); see Lerner, Mr. Justice Brandeis 35 (Frankfurter ed. 1932) and HamSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theory Oliver Wendell Holmes, Jr., trained under the old faculty, had preceded James Bradley Thayer in lecturing on constitutional law in the new; was editing the American Law Review and the twelfth edition of Kent’s Commentaries; and was spending his leisure moments in “twisting the tail of the cosmos” w Law as an Instrument of Social Policy--The Brandeis Theoryith William James.2 In 1881 he was to deliver and publish a series of Lowell Lectures under the title of The Common Law, which was to become one of thLaw as an Instrument of Social Policy--The Brandeis Theory
e classics of jurisprudence. Roscoe Pound became a student in the Law School in 1889. Brandeis, enjoying thoroughly the friendly rivalry of such intelSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theoryis appreciation of what Harvard Law School had done for him by founding the Harvard Law Association in 1886,3 designed to expand the school from a local law school to a national institution, and by helping to inaugurate the Harvard La/W Review in 1887, as the first of that long line of distinguished Law as an Instrument of Social Policy--The Brandeis Theory law school reviews which have been so very influential in advancing criticism and scholarship in American law. By 1891, Brandeis’ reputation for highLaw as an Instrument of Social Policy--The Brandeis Theory
legal attainments was so well established in Boston that he was invited to give a course in Business Law at Massachusetts Institute of Technology.In St. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theorytrike at the Pittsburg steel mills. The impact of the great Dock strike in England two years earlier, in which Cardinal Manning had undertaken to intervene;4 the challenge presented by the organization of the Knights of Labor in this country, and Cardinal Gibbons’ defense of their right to organize, Law as an Instrument of Social Policy--The Brandeis Theory when he was in Rome to receive the red hat and to consult regarding the founding of The Catholic University of America;5 and the issuance of the greaLaw as an Instrument of Social Policy--The Brandeis Theory
t Encyclical Letters of Pope2Bent, Justice Oliver Wendell Holmes 57 (1932).3Brandeis, Business—A Profession xii (new ed. 1933)4 Kent, 9 Catholic EncycSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theoryion of the Working Classes” in 1891, indicate the depths to which the Christian world was moved in its regard for human personality and justice. Harvard, too, recognizing that strong forces were at work which demanded attention, read the Encyclicals6 but was not convinced Pope Leo’s proposals would Law as an Instrument of Social Policy--The Brandeis Theoryavail. To what extent Louis Brandeis was informed of the Papal program at that time is not known, although after he became a Supreme Court judge in WaLaw as an Instrument of Social Policy--The Brandeis Theory
shington, he is said to have spent many a Thanksgiving Day discussing the principles of the Encyclicals with Monsignor John A. Ryan of the Catholic UnSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theoryons in Europe, especially in France and Italy, though remote, could not be entirely ignored politically or culturally in this country, but the literature growing out of or giving rise to them was written in foreign tongues. Not so the works of the Fabians in England. Eventually H. G. Wells, George B Law as an Instrument of Social Policy--The Brandeis Theoryernard Shaw, and the Webbs became topics of daring parlor conversation in the wealthiest homes. Louis Brandeis was one of the first of the Harvard intLaw as an Instrument of Social Policy--The Brandeis Theory
ellectuals to investigate their claims.8 Their conclusions about state ownership of property as a substitute for private ownership never won his adherSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theory from efforts of human beings to overcome at any cost, oppression and injustice in the economic sphere, he put aside all preconceptions based upon his capitalistic environment, and inaugurated a new technique of fact-finding in connection with the administration of justice, which not only caused him Law as an Instrument of Social Policy--The Brandeis Theory to rewrite his M.I.T. lectures in 1895, but which eventu-6 Peabody, Jesus Christ and the Social Question 45-6 (1904); Royce, Pope Leo's PhilosophicalLaw as an Instrument of Social Policy--The Brandeis Theory
Movement and Its Relation to Modem Thought, Fugitive Essays 408-429 (1920).JDujljard, Mr. Justice Brandeis, Great American 98 (1941), citing 87 Cong.St. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theory the originator of a novel type of legal brief, first introduced into the United States Supreme Court in the Minimum Wage Case9 and known as the “Brandeis Brief.”“I think it was the affair at Homestead,” he once wrote, “which first set me thinking seriously about the labor problem. It took the shock Law as an Instrument of Social Policy--The Brandeis Theory of that battle, where organized capital hired a private army to shoot at organized labor for resisting an arbitrary cut in wages, to turn my mind defLaw as an Instrument of Social Policy--The Brandeis Theory
initely toward a searching study of the relations, of labor to industry. ... I saw at once that the common law, built up under simpler conditions of lSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theorye from new angles. Those talks at Tech marked an epoch in my own career.” 10Unlike the eighteenth century, which had given rise to legal arguments against tyranny, culminating only as a last resort in recourse to arms in the American Revolution,11 the nineteenth had been marked by excessive reliance Law as an Instrument of Social Policy--The Brandeis Theory on force and the claims of absolutism. In jurisprudence, Bentham had thought of law as an instrument of force by which planned reforms were to be effLaw as an Instrument of Social Policy--The Brandeis Theory
ectuated. In philosophy, the dichotomy between speculation and practice attempted by Kant, and the concentration on abstractions proposed by Hegel, haSt. John’s Law ReviewVolume 22Number 1 Volume 22, November 1947, Number 1Article 1Law as an Instrument of Social Policy-The Brandeis TheoryMiriam Ther Law as an Instrument of Social Policy--The Brandeis Theory Herbert Spencer, an altruistic interest in social reform became fashionable, but because of the idealistic turn given to what had become for the most part a materialistic foundation, the interest of the intellectuals in “the greatest good of the greatest number” was largely speculative and unrealis Law as an Instrument of Social Policy--The Brandeis Theorytic. The law, functioning most successfully for prosperous litigants, while continuing to protest its devotion to the cause of justice, had tended toLaw as an Instrument of Social Policy--The Brandeis Theory
equate order not with justice but with the status quo, and to lend its support to the coercion of the rebellious.9 Midler V. Oregon, 208 u. s. 412, 52Gọi ngay
Chat zalo
Facebook