Pinkerton's essay on "Legal Realism" is a good look at the sitch. After looking at five cases where the perpetrator of serious crimes (murders) was released from prison after convictions for other serious crimes, he nails down the reason.
....Meet the philosophy known as legal realism. Its origins reach back to the late 19th century, although it gained momentum in the 1920s. Since then, this intellectual movement has become a cascade—an avalanche of criminality. That’s why so many Americans don’t feel safe and why we, as a society, can’t have nice things.
According to Cornell University, legal realism means “judges consider not only abstract rules, but also social interests and public policy when deciding a case.” In other words, the judicial realm must factor in other issues and ideas, outside and beyond the letter of the law itself. ...
Get the idea? Laws are very nice and all, but let's not get too excited about enforcing them, you silly taxpaying slobs. Become Enlightened instead!!
It will not come as a surprise to learn that Oliver Wendell Holmes and a Harvard Law Prof were the principals behind this abjuration. Holmes is famously a "good" judge, but only because the Left wants it so; otherwise his "Three generations of imbeciles is enough" dicta would be a red flashing light about his moral character. The above link provides hagiography of Holmes while describing his nonchalant attitude toward mutilation. Now you know which side The Enlightened are on.......
...Another key figure in legal realism—he first called it “sociological jurisprudence”—was Roscoe Pound, dean of Harvard Law School from 1916 to 1936. “The classical juristic theory is that law may be deduced directly from justice,” Pound wrote, treating the old idea with modernist detachment. Much better, he argued, to “demand that social engineering be increasingly and continuously improved.” ...
Ah, the virtue and value of "social engineering!!" Ask any of the recent victims about that (if they're still alive.) Social workers, unite!! Your phony mission is on the line here....
... Responding and upholding the paleo [correct] view, Fr. Linus J. McManaman, a professor of natural philosophy and ethics at St. Benedict’s College, wrote that “Pound attempts to build a juridical system without any juridical norms,” adding, “He expressly denies that law is a reflection of divine reason governing the universe or of a God-given order.” ...
That is the meat of the matter. If law does not reflect 'Divine reason' or 'God-given order,' then that law will have consequences--and the consequences are extremely serious.
Pinkerton holds that Holmesian/Poundian "justice of social workers" is on its way out. Let's hope that there are some survivors who can re-assemble the law correctly.
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