Tuesday, February 23, 2010
Dworkin had Hand
While I am interested by the fine legal arguments and counter arguments which have been made here regarding the retirement of Justice A.P. Shah, and the wider debate concerning the elevation of judges to the Supreme Court, in this piece in the Indian Express, I take a step back: arguing that the hierarchy of the forum from which a judge retires should not concern us as much as it seems to do in India, especially when we're measuring the difference between the posts of High Court Chief Justice and Supreme Court judge. I am informed that Ronald Dworkin was said to have turned down a clerkship at the American Supreme Court after having clerked with Judge Hand: a gentle reminder that the forum’s status can only matter so much when we go to measure a person’s contributions to the development of the law.