1947
DOI: 10.1080/00094056.1947.10724761
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“…to settle doubts which the framers themselves had been unable to resolve." 91 His philosophy reflected the pragmatic approach of an experienced lawyer with a varied practice: He applied a form of common law to judicial decision-making, adapting legal principles to meet "the endless variation of the facts of cases." 92 Similarly, Cardozo had recommended that when certain rules had "been found to be inconsistent with the sense of justice or social welfare, there should be less hesitation in frank avowal and full abandonment."…”
Section: Ascension To the Supreme Courtmentioning
confidence: 99%
“…to settle doubts which the framers themselves had been unable to resolve." 91 His philosophy reflected the pragmatic approach of an experienced lawyer with a varied practice: He applied a form of common law to judicial decision-making, adapting legal principles to meet "the endless variation of the facts of cases." 92 Similarly, Cardozo had recommended that when certain rules had "been found to be inconsistent with the sense of justice or social welfare, there should be less hesitation in frank avowal and full abandonment."…”
Section: Ascension To the Supreme Courtmentioning
confidence: 99%