A Book Review . . . Justice And The Law Revisited
By JOHN LYON Thomas Sowell, The Quest for Cosmic Justice. New York: The Free Press; 1999. At the heart of the argument set forth in this significant and engaging book stands the author’s account of what may appear a disconcerting exchange between Justice Oliver Wendell Holmes and Judge Learned Hand. “Do justice, sir, do justice,” Hand enjoined his departing friend. “That is not my job,” Holmes replied. “It is my job to apply the law.”The disjunction between “justice” and “the law” as set forth in the Holmes-Hand passage may initially shock our puritanical and literal sensibilities. Nevertheless, it lies at the basis of Sowell’s contention. Law, in our tradition, is process-oriented. It is an attempt to work within given human…Continue Reading