The adventures of a middle aged law student
Monday, January 24, 2011
more from Cardozo
quoting Lincoln, "he who would be no slave must consent to have no slave." Continuing in his discussion of opposing concepts, Cardozo discusses liberty and government juxtaposed, describing law as restraint of liberty, yet in the absence of law, liberty would belong only to the strong or unscrupulous. And so we require social restraint in order to have liberty. Put another way, stealing another child's lunch money must be proscribed so that we can be free to live without constant fear of the bully.
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