Late-nineteenth-century judges presented themselves as protectors of existing law rather than its builders.

Evidence

Formality was not only form, it was also a concept. Judges were not builders of law now; they were protectors of the law as it was. That, at least, was their mask or disguise. — Lawrence M. Friedman, A History of American Law, 3574

Categorization

  • XREF: connects to: Pragmatic law judges rules by their consequences, not their origins. — Richard A. Posner, What Has Pragmatism to Offer Law?, 38; Late-nineteenth-century courts functioned as a shield protecting established interests — Lawrence M. Friedman, A History of American Law, 3602; Judges create law when forced to choose among competing interpretations. — G. Alan Tarr, Judicial Process and Judicial…, 196 (+2 more)

Broader Connections