Abstract
[His] greatest wish … was for a knowledge of justice and an understanding heartIt is easy to be depressed about the state of law these days. As the voters have become increasingly fearful and hateful, legislators and judges have made our law less generous and honorable. The death penalty has been reintroduced and corners have been cut in procedural protections to speed it along. The honorable basis of the exclusionary rule—the unwillingness of judges to countenance wrong-doing—has been abandoned. Legal aid for the poor has been cut back. The steam has gone out of civil rights enforcement. There no longer seems to be a vision among lawyers that law can be a source of nourishment for society. The positivist vision of law—the will of the strong—dominates legal thinking. Even the liberals, “burnt-out” and cynical in the light of legal realism, do not think of law as special.
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