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Jeffrey Rosen Talks With Peter Slen About Justice Oliver Wendell Holmes’ “The Common Law”
We the People
Holmes's Influence on Legal Philosophy
The Supreme Court currently comprises majority formalists who reject Holmes's premise. Holmes believed judges should rarely strike down laws, showing profound skepticism and humility. His approach of radical deference does not have much support among liberals or conservatives on the court today. While Holmes's ideas have been tremendously influential, they are not always followed.
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