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"The primary difference between Blackstone and Holmes is that the former embraces a common-law paradigm consisting of fixed rules rooted in ancient custom whereas the latter embraces a common-law paradigm consisting of fluid rules responsive to changing social conditions."
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That may have been expecting a little too much! But I think he expected a few judges within the Emersonian tradition to be doing most of the work. journals.openedition.org/ejpap/411
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This is awesome, but did you HAVE to make it such a tangled mess of close reads and quotes from many sources? 🤬 I'm trying and failing to follow the overall contours of your threadthulhu on this topic. Where do you suggest I start? I'm replying to the tweet that caught my eye.
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Same...there's not much work that addresses it directly, or in a concrete, big picture way. That's why I make so many threads gesturing at it and trying to document the connections. You have to have some familiarity with a bunch of obscure topics to see how it all fits together.
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