Saturday, August 27, 2011

Learned Hand: The Man and the Judge

Learned Hand: The Man and the Judge

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Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived. Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.

Learned Hand: The Man and the Judge Review

Learned Hand was in many ways a great man. A dedicated judge, the gently forgiving husband of a straying wife, a kind and thoughtful person, brilliantly intelligent and clear-thinking - and yet, in the end, almost unknowable. Gunther's biography shines a light on every aspect of the judge's work and personality, including the mystery at his inner core. Hand really wasn't like other people, and Gunther, who knew him personally, captures that.

Gunther's prose is remarkably clear and direct. Another reviewer's remarks about his political bias are just mystifying to me. I don't think Hand's jurisprudence can be classified as either liberal or conservative, and I didn't come away with any sense of Gunther's politics. Frankfurter, the New Dealer, is not depicted as a villain, but rather as one of Hand's closest friends, and an extremely interesting person in his own right.

Judicial biographies are inherently difficult to write, because the subjects' lives tend to be externally uneventful. (Hand virtually never left his native New York state.) Also, old cases are dull unless you really get into them, but to do so requires long digressions from the biographical narrative. This is the only judicial biography I've read that overcomes both problems. I recommend it wholeheartedly.

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