Examples Of Syllogism

Darwin's legal legacy: Justice OW Holmes

When Jonah Goldberg wrote in his 2007 book, "Liberal Fascism: The Secret History of the American Left from Mussolini to the Politics of Meaning," about the existential religious and intellectual discrimination in the law today, he used as his principle figure Harvard professor Laurence Tribe. Goldberg wrote that, "Laurence Tribe, America's leading liberal constitutional lawyer, argued in the Harvard Law Review in 1978 that religious views were inherently superstitious and hence less legitimate than 'secular' ones."

This diabolical idea of systematically disenfranchising Christians' constitutional rights and belittling America's original Judeo-Christian worldview isn't unique to professor Tribe nor to history, but in modern times these ideas have a historical link to one of the greatest icons of liberal and progressive jurisprudence – Oliver Wendell Holmes Jr. (1841-1935).

Exclaiming a Darwinian evolutionary zeitgeist typical of the Progressive Age, Holmes remarked in a 1926 letter to John C.H. Wu:

I see no reason for attributing to man a significance different in kind from that which belongs to a baboon or to a grain of sand. I believe that our personality is a cosmic ganglion; just as when certain rays meet and cross there is white light at the meeting point, but the rays go on after the meeting as they did before, so, when certain other streams of energy cross at the meeting point, the cosmic ganglion can frame a syllogism. or wag its tail. The influence of Holmes on the law, courts and society is universal. For example, academics like Carl Becker's historicism/relativism and Charles Beard, whose Marxist zeitgeist and materialistic model of class conflict acknowledged Holmes' social Darwinist ideas. Together these men influenced generations of American academics and historians like Richard Hofstadter, psychologists and educators like John Dewey, scientists, intellectuals, judges (Richard Posner, Ginsburg, Breyer), lawyers (L. Tribe, C. Sunstein), politicians and virtually all of today's leftist pressure groups, as they are in some way indebted to the ideas of Justice Oliver Wendell Holmes. Oliver Wendell Holmes, was a Supreme Court justice from 1902-32. To demonstrate how omnipresent the cult of progressivism was at the turn of the 20th century, it wasn't a Democrat who appointed Holmes to the Supreme Court, but the venerated Republican Theodore Roosevelt, America's first progressive president, the man whose image stands astride for the ages at Mount Rushmore. It was this man (whom incidentally I would replace with Reagan's likeness at Mount Rushmore) who in 1902 appointed Holmes to our nation's highest court, and virtually all the Republicans went along with this travesty of justice.

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