Buck v. Bell and presentism

[Leslie Goldstein]

as was sending Schenck and Debs to prison even though neither one of
them had advocated anything illegal.  The guy was good at turning a
phrase and had a usually healthy respect for democracy, but sometimes he
went too far.
Leslie

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