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Originally Posted by UGAalum94
It also doesn't make a lot of sense to me to compare historic legal decisions that we generally regard as wrong today with the likely behavior of anyone in the present.
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Bad decisions are timeless, so to speak, and decisions that appear correct today could be seens as terrible in 50 or 100 years. As RC said, no one is infallible, especially when you add in the passage of time.
Quote:
Originally Posted by MysticCat
I think it does make sense when the judges in question (Holmes, Cardozo) are still held up as among the best we've ever had. (When I was in law school, Cardozo was always mentioned with something approaching a degree of reverence.)
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Cardozo is still always mentioned with something approaching a degree of reverence by most of my professors (and there were a few who still regard Holmes as the greatest thing since sliced bread).