LEARNED HAND'S TWO CONCEPTS OF (JUDICIAL) LIBERTY

Amidst cries that judges have become too political (or for some, that they are not political enough), this Article examines the colorful and complicated views of Judge Learned Hand on the role of judges in American society. It explores four of Hand's public lectures and dinner speeches to see how he understood the complicated interaction between the common law, the common will, and the independence of the judiciary. Hand's view-that an, independent judiciary is both a sign of a free society and a necessary part of a free society-is analyzed in the hopes that it will shed light on current debates about the role of the judge in America today and offer further insights into the beliefs and style of Judge Hand.