William O. Douglas and The Assault on Objectivity
Author | Thomas Halper |
Position | Professor, Political Science, Baruch College & CUNY Graduate Center |
Pages | 115-142 |
William O. Douglas, venerated by some and reviled by others, was very much his
own man, disdaining his colleagues on the bench and the work they produced. For
him, the point of judging was simply to do justice. However, justice is not always self
evident, and legal norms and values, like objectivity and stare decisis, are ignored at
a high cost. Nor, as it turns out, was his carefully carved authentic persona more than
a mask of lies.
Douglas, Supreme Court, Rule of Law, Legal Realism
© 2020 Thomas Halper, published by Sciendo.
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License.
9 Br. J. Am. Leg. Studies (2020)
5
forget
about the law
Conrmation Hearing on the Nomination of John G. Roberts, Jr. to Be Chief Justice of
the United StatesHearing before the S. Comm. on the Judiciary
General Observations on the Eects of Personal, Political, and
Economic Inuences in the Decisions of Judges
Extraneous Factors in Judicial Decisions
The Hornbook Method and the Conict of Laws
The Theory of Judicial Decision: Or How Judges Think
Legal Realism and Legal Doctrine
Supreme Court Justices Are Not Really Justices
The Supreme Court Shouldn’t Be So Important
quoted in An Exit Interview with Richard Posner,
Judicial Provocateur
116
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