kitchen table math, the sequel: Benjamin Cardozo on metaphors in law

Saturday, September 29, 2012

Benjamin Cardozo on metaphors in law

Justice Rehnquist cites Cardozo in his Dissent in Wallace v. Jaffree:
Metaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it.
- Benjamin Cardozo 1926
and see:
the Establishment Clause
Free Exercise Clause
Wallace vs Jaffree
the Lemon test
Lemon v. Kurzman 
Lemon test

Justice Rehnquist lists "unprincipled" and "inconsistent" decisions
Justice Rehnquist on school prayer and the Constitution
Jefferson's "wall of separation"
Justice Burger's dissent in Wallace v. Jaffree
Benjamin Cardozo on metaphors in law

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