Louis D. Brandeis and the Value of Leisure

Abstract

Though scant attention is paid to his advocacy for ample leisure time for citizens, Justice Brandeis’s notions of citizenship is incomplete without an analysis of the value of leisure. The value of leisure not only supplements one’s understanding of Brandeis’s own work, but it also offers guidance towards more mindful citizenship. “Leisure” is traditionally defined as “free, unoccupied time during which a person may indulge in rest, recreation, etc” or “freedom from time-consuming duties, responsibilities, or activities.” Imbedded within such definitions are notions that leisure is unproductive or lazy – indeed, perhaps even un-American. Negative associations that arise with the word “leisure” may explain why few have given substantial consideration to Brandeis’s concept of leisure – a concept that he deemed essential to democratic citizenship.While exploring Brandeis’s notion of leisure, this paper will start its analysis by summarizing Brandeis’s principles of civic courage in Section I. Section II of this paper will parse out Brandeis’s statements to identify the different values encompassed within his thoughts on leisure. Section III will discuss the significance of Brandeisian leisure in the context of both Brandeis’s broader ideas of citizenship as well as his legal writings.