"This fine book provides a balanced and judicious study of Harlan's jurisprudence. "An excellent description and analysis of the possible sources and meaning of John Marshall Harlan's judicial decisions."- Journal of American History that all judicial scholars will have to take note of in the future."- Law and History Review Her thoughtful examination demonstrates how Harlan inherited the traditions of paternalism, nationalism, and religious faith how he reshaped these traditions in light of his experiences as a lawyer, political candidate, and judge and how he justified the vision of the law he wrote.Īn innovative combination of personal and judicial biography, this book makes an insightful contribution to American constitutional and intellectual history. Similarly, Harlan was called the people's judge for favoring income tax and antitrust laws, yet he also upheld doctrines that benefited large corporations.Įxamining these and other puzzles in Harlan's judicial career, Linda Przybyszewski draws on a rich array of previously neglected sources-including the verbatim transcripts of his 1897-98 lectures on constitutional law, his wife's 1915 memoirs, and a compilation of opinions, drawn up by Harlan himself, that he wanted republished. Ferguson in 1896, when he declared, "Our Constitution is color-blind." But in other judicial decisions-as well as in some areas of his life-Harlan's actions directly contradicted the essence of his famous statement. Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v.
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