On Law and Justice

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This collection of essays by Paul Freund, written over the past ten years, is divided into three parts. The first presents an appraisal of recent movements in constitutional law, putting contemporary criticism of the Supreme Court in historical perspective. The second part undertakes an analysis of the meaning of justice and rationality in judicial decisions, drawing on a wide range of illustrative cases. In the third group of essays, the author turns to the work of a number of distinguished judges—among them Chief Justice Stone and Justices Brandeis, Frankfurter, Jackson, and Black—and seeks to interpret their diverse approaches to the judicial function. Throughout the book, Freund is concerned with values in conflict, and the possibilities of their accommodation through the resources of the legal process.