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
- Pragmatic law judges rules by their consequences, not their origins.
#contradicts(0.85) — Richard A. Posner, What Has Pragmatism to Offer Law?, 38 - Late-nineteenth-century courts functioned as a shield protecting established interests
#expands(0.85) — Lawrence M. Friedman, A History of American Law, 3602 - Nineteenth-century judges actively reshaped common law to fit American conditions.
#contradicts(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2837 - Judges create law when forced to choose among competing interpretations.
#contradicts(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 196 - Judges create law when forced to resolve statutory ambiguity.
#contradicts(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 187