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Felix Frankfurter and the Law Cover
By: Thomas Halper  
Open Access
|May 2018

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.

DOI: https://doi.org/10.2478/bjals-2018-0003 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 115 - 136
Published on: May 30, 2018
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2018 Thomas Halper, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.