Judge Learned Hand
Justice Holmes
There is a great, old story in the law about two great judges. Here is one writer's account:
"There is a story that two of the greatest figures in our law, Justice Holmes and Judge Learned Hand, had lunch together and afterward, as Holmes began to drive off in his carriage, Hand, in a sudden onset of enthusiasm, ran after him, crying, 'Do justice, sir, do justice.' Holmes stopped the carriage and reproved Hand: 'That is not my job. It is my job to apply the law.'"
Hmmm. What is the point Holmes was trying to make? This has come up recently because President Obama says that he believes Justices should decide cases with "empathy." What does that mean? Should judges overlook the law when their personal sense of empathy tells them to do so? Or should they follow the law where ever it takes them, even if they don't like the result the law requires? Think about this as you begin your careers in the law.
