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- From: linden@positive.Eng.Sun.COM (Peter van der Linden)
- Newsgroups: alt.folklore.urban
- Subject: Judge Learned Hand
- Date: 22 Dec 1992 22:58:27 GMT
- Organization: The Pinkerton Foundation
- Lines: 50
- Message-ID: <ljf7cjINN174@exodus.Eng.Sun.COM>
- NNTP-Posting-Host: positive
- Keywords: teach a man to fish and he will take the day off.
-
- The last time Judge Learned Hand came up, I went to the library
- looked him up, and subsequently wrote this mini-bio. Here it is again.
- (and astonishingly, almost 2.5 years since the topic last arose!)
- ---------
- From linden Mon Jul 9 11:15:45 PDT 1990
-
- As has already been pointed out, he *was* a real person, despite
- that most remarkable name and title. Born in January 1872, Hand
- was given his mother's maiden name "Learned" as his first name --
- a not uncommon practice in those days. He showed an early affin-
- ity for law, and after taking two degrees from Harvard was admit-
- ted to the New York bar in 1897.
-
- For the next fifty years Hand had an illustrious career as a jur-
- ist and legal scholar. The highest official judicial rank that
- he attained was only a seat on the court of appeal for the 2nd
- judicial circuit (New England). But Hand issued so many judg-
- ments influencing the Supreme Court (no other lower court judge
- was so frequently cited by name in SC opinions) that he was given
- the soubriquet "10th Justice of the Supreme Court" by the Press.
-
- During the 1930's Judge Learned Hand was granted honorary degrees
- by Yale, Columbia, Harvard, Penn, Amherst, Dartmouth and Prince-
- ton. He was known as a strong supporter of free speech, and dur-
- ing World War 1 prevented the U.S. government from supressing an
- anti-war newspaper. However above this doctrine, Learned Hand
- held more sacred the principle that the judiciary was an impar-
- tial interpreter or observer between the people and the govern-
- ment.
-
- This view (that superior court judges should be neutral ob-
- servers, rather than active in extending the scope of laws by ap-
- plying justice) made Hand unpopular with some contemporaries, and
- has led modern scholars to question whether Hand really deserved
- the accolades that were accorded him. For example, Hand's most
- famous case was the Denis case of 1951, in which he upheld the
- rights of the State against Communist revolutionaries. He was a
- passionate, though sadly not outspoken, opponent of McCarthyism.
- Hand doesn't seem to have left any witty aphorisms as a legacy,
- although one can take solace in his habit of terrorizing any
- lawyer whom he found pompous.
-
- -----------
- Stay tuned for news on whether Margaret Thatcher caused the Falklands
- war by ordering the Belgrano to be sunk as it returned to port...
- -----------
-
-
- --
- They bang on tar-tooflers, and strum on stroo-stronkers.
-