<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Felix Frankfurter, renowned as a public intellectual fighting for justice, became as a member of the Supreme Court a figure proclaiming his devotion to the rule of law and its corollary, judicial self restraint, even when its results conflicted with his deepest beliefs. Yet an analysis of several of his leading opinions suggests that his famous balancing tests had little to do with law. In sacrificing his policy and ethical goals in the service of law, he often failed to serve the law, and in that sense, his well publicized sacrifices were for nothing.</p></abstract>

Felix Frankfurter, renowned as a public intellectual fighting for justice, became as a member of the Supreme Court a figure proclaiming his devotion to the rule of law and its corollary, judicial self restraint, even when its results conflicted with his deepest beliefs. Yet an analysis of several of his leading opinions suggests that his famous balancing tests had little to do with law. In sacrificing his policy and ethical goals in the service of law, he often failed to serve the law, and in that sense, his well publicized sacrifices were for nothing.

Felix Frankfurter and the Law

British Journal of American Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Felix Frankfurter and the Law"}

Felix Frankfurter, renowned as a public intellectual fighting for justice, became as a member of the Supreme Court a figure proclaiming his devotion to the...

Felix Frankfurter and the Law

Online veröffentlicht: 30. Mai 2018

Seitenbereich: 115 - 136

DOI: https://doi.org/10.2478/bjals-2018-0003

Schlüsselwörter
Frankfurter, judicial review, judicial self restraint, balancing tests, Thayer

© 2018 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Felix Frankfurter and the Law

Online veröffentlicht: 30. Mai 2018

Seitenbereich: 115 - 136

DOI: https://doi.org/10.2478/bjals-2018-0003

SchlüsselwörterFrankfurter, judicial review, judicial self restraint, balancing tests, Thayer

© 2018 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Schlüsselwörter
Frankfurter, judicial review, judicial self restraint, balancing tests, Thayer