Buck v. Bell and presentism

[Paul Finkelman]

I think Buck v. Bell is worse than that.  It was not about transcending one's
time, but about a gross mischaracterization of Carrie Buck, on easily
determined factual grounds, and a failure to even apply the standards Holmes
claimed he was applying.

--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East Fourth Place
Tulsa, OK  74104

918-631-3706
Fax 918-631-2194

E-mail:  paul-finkelman at utulsa.edu



Frank Cross wrote:

> Judging historic figures by present standards is often described as the
> historical fallacy of "presentism."  Yet I think it's appropriate in
> circumstances like this, for all but absolute cultural relativists.
> Greatness is demonstrated by one's ability to transcend the prejudices of
> the time and appreciate standards (ethical, legal) that will come to be
> widely recognized only later.  Buck v. Bell is evidence of an inability to
> do so and a mark against claims of greatness.
>
> Frank Cross
> Herbert D. Kelleher Centennial Professor of Business Law
> CBA 5.202
> University of Texas at Austin
> Austin, TX 78712