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[...] the conception that this is "the impregnating intellectual climate of an era also affects the Court" (Felix Frankfurter, p. 180). [...] underlying modern legal realism is the separation of facts from things: "contemporary courts . . . have claimed that the times have summoned them to delink words from things entirely - to see no Hell below them and above them only sky" (p. 183).
Living Constitution, Dying Faith: Progressivism and the New Science of Jurisp... Bevil Bramwell The Review of Metaphysics; Sep 2009; 63, 1; Docstoc pg. 215
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