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Marshall not only secured the place of the Supreme Court as the preeminent teacher of constitutional things, but by connecting its work to the principles of 17 he fostered the perpetuation of our political institutions. His statesmanship may be said to have completed the founding. The great Chief Justice at least achieved fame through great public needs.
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No other figure in our legal annals, not even John Marshall, has prompted such sustained and extravagant praise. “he philosopher and seer, the greatest of our age in the domain of jurisprudence,” “The philosopher become king,” “he most distinguished mind of its time,” “he great oracle of American legal thought,” “he most illustrious figure in the history of American law,” “The only great American legal thinker”-such are the accolades routinely strewn at Holmes by leading academics and jurists. The thesis runs head-on against the flattering iconographies that bathe Holmes in adulation bordering on idolatry. In a devastating portrait of the jurist and his influence, Professor Alschuler argues that Holmes was almost brutishly indifferent to the welfare of others, that he celebrated the victory of the strong over the weak, and that his effort to denude law of its moral content left a poisonous legacy. Alschuler of the University of Chicago Law School in Law Without Values: The Life, Work, and Legacy of Justice Holmes. Thanks to his influence we are all positivists now, and far worse for it. hovers-to borrow one of his own metaphors-like “a brooding omnipresence” over modern American law. The ghost of Justice Oliver Wendell Holmes, Jr. A review of Law Without Values: The Life, Work, and Legacy of Justice Holmes, by Albert W.