当前位置: X-MOL 学术British Journal of American Legal Studies › 论文详情
Our official English website, www.x-mol.net, welcomes your feedback! (Note: you will need to create a separate account there.)
Felix Frankfurter and the Law
British Journal of American Legal Studies Pub Date : 2018-05-30 , DOI: 10.2478/bjals-2018-0003
Thomas Halper 1
Affiliation  

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.

中文翻译:

菲利克斯·法兰克福(Felix Frankfurter)

摘要费利克斯·法兰克福格(Felix Frankfurter)以争取正义的公共知识分子而闻名,他成为最高法院的一员,宣称即使在法治成果与他的最深层信仰相抵触的情况下,他仍致力于法治及其必然的司法自我约束。然而,对他的几种主要观点的分析表明,他著名的平衡测试与法律关系不大。在为法律服务牺牲自己的政策和道德目标时,他常常没有为法律服务,从这个意义上讲,他广为人知的牺牲是毫无意义的。
更新日期:2018-05-30
down
wechat
bug