Document Type

Article

Comments

The Forest and the Trees in Constitutional Law, 7 PACE L. REV. 475 (1987)

Abstract

The pride of selecting a good catchy title, before you have
actually sketched out the lecture, is a pride that goeth before a
fall. My earliest discovered difficulty - and I imagine you will
agree that it is enough difficulty for one effort - has been that
while I can see how over-long, over-loving attention to the trees
one-by-one might narrow and confine one's view of the forest, I
have been unable, after some considerable trial, to see how you
can look at the forest without looking at the trees. Some pretty
big mistakes, in writing and talking about law, have come from
trying to describe the forest without bothering too much about
the trees. Have we here to do with a tragic predicament, one of
the innumerable facets of original sin? Maybe, but since we have
to go on living, despite original sin, I shall live as best I can with
this title; I have buttered my bread, now let me lie in it. I hope
my title may at least have some of the thing called "heuristic
value" - that last refuge of inept titles as of inapt hypotheses.

Date of Authorship for this Version

1987

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