Harvard Law School - Yearbook (Cambridge, MA)

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History is likely to View Felix Frankfurter many a creative proposal. Yet he has affirm- D E D I : to Felix Frankfurter Coming to the United States from his native Austria in 1894, Felix Frankfurter received his A.B. in 1902 from the College of the City of New York and his LL.B. in 1906 from Harvard. Later he was awarded the D.C.L. by Oxford and the LL.D. by five universities. Among his many honors was that of Honorary Master of the Bench, Gray's Inn, London. Immediately after law school he was assistant U. S. Attorney for the Southern District of New York. In 1914 he returned to Harvard Law School, where he remained as a devoted scholar and teacher of the law until his appointment as Associate justice of the Supreme Court of the United States in 1939. Though a jus- tice rather than a professor, his duties on the bench merely changed the form of his teachings. His judicial opinions alone deal with almost every aspect of the law, and his numerous books and articles are additional guides to lawyers and students alike. Though he retired from the Supreme Court in August, 1962, Mr. justice Frankfurter plans to continue writing about the Supreme Court, his constant concern for most of his life. With respect and admiration, the 1963 Harvard Law School Yearbook is dedicated to Mr. justice Felix Frankfurter. as a scholar-turned-judge, though one has only to read his fascinating reminiscences to see that his career cannot be embraced in a single phrase. That a superb scholar sitting on the Supreme Court for close to a quarter of a century can strengthen the Court and en- rich our law, he has amply demonstrated. Coming as a law clerk to thejustice,I never knew the Professor in any formal sense, but the essence of the teacher and scholar was at once evident. Instinctively drawn to people, he particularly likes the young and he has never lost the pitch of their mental metabolism. He loves the housts of intellect, both for the joy of the fray and for the emergence of sharpened and deepened understanding. I soon realized that the rougher our debates the more solidly established was our com- radeship. But there is more to Frankfurter the teacher and judge than this - a kinetic quality of body, mind, and spirit that can be captured only by an artist or poet. His vibrant energy, whether imparted by a demanding voice, flashing eyes, or simply by a viselike grip of one's arm at the elbow, transform the atmos- phere. His juices run rich and fast, and those around him inevitably quicken in response. So joyous a person could never be a tran- quil judge, and yet all of justice Frankfurter's presuppositions about the nature of judging have required that he temper his personal convictions and restrain his impulses. As a political advisor and critic he gave birth to 4 ed that we should not look among even the greatest of judges for what Holmes called 'originators of transforming thought.' Iven- ture to suggest that had they the mind of such originators, the bench is not the place for its employment. Denied to justice Frankfurter was any sim- ple conception of the judge's art. The teacher of twenty-five years could not take refuge in simplistic meanings of the constitutional text or in the absolute values sometimes said to reside in it. judging required choice, and the search must be for criteria sufficiently general and objective to make the exercise of power decent and responsible. Yet in this simple statement lie endless complexities and the judge has the subtle task of being conscious of his role without becoming selfconscious about it. It is here that the justice brought to bear the resources and craftsmanship of the scholar. This is not the place to describe the quest or to evaluate its success. The justice would be the first to acknowledge that complete success is unattainable. But if it is thefunction of law to impose order upon the disorder of life, it is the job of the judge to impose order upon the process of choice. We could expect no less of a scholar-turned-judge than that he labor courageously and powerfully to promote the integrity of the judicial process and thus of the law. We have received no less from Mr. justice Frankfurter. ALBERT M. SACKS

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The hear! of the Law School, Langdell Hall houses faculty, administration, class- rooms and the library. The services of Harvard Memorial Church in the Yard offera valuable change of pace from the Law School. ' il- ' M., .1 3 ,W gh if - l i r l Q V .,.,,i .1 R K., ....,.. , all ' Harvard Law chool