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In fact, the insight of the double effect doctrine is not remotely theologic. As Justice Oliver Wendell Holmes, himself a frequent utilitarian critic… - Neil Gorsuch
" "In fact, the insight of the double effect doctrine is not remotely theologic. As Justice Oliver Wendell Holmes, himself a frequent utilitarian critic of relying on intent, observed, "even a dog distinguishes between being stumbled over and being kicked." Of course, the question remains why should we, as a secular matter, care more about consequences that are intended versus those that are not? What wisdom, if any, lies behind this distinction? Justice Holmes' homespun illustration suggests the beginnings of an explanation. To kick a dog intentionally- to choose to hurt the animal- says something about the kicker, his or her way of interacting with animals and, perhaps, human beings- in short, it tells us at least something about the kicker's character and beliefs, about who the kicker is. By contrast, as Holmes seemed to recognize, watching a person trip over the dog tells us far less about who that person is or about the person's character or beliefs.
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About Neil Gorsuch
Neil McGill Gorsuch (August 29, 1967) is an Associate Justice of the Supreme Court of the United States. Gorsuch is a proponent of textualism in statutory interpretation, originalism in interpreting the U.S. Constitution, and is an advocate of natural law philosophy.
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Neil McGill Gorsuch
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Neil M. Gorsuch
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Additional quotes by Neil Gorsuch
This Court normally interprets a statute in accord with the ordinary public meaning of its terms at the time of its enactment. After all, only the words on the page constitute the law adopted by Congress and approved by the President. If judges could add to, remodel, update, or detract from old statutory terms inspired only by extratextual sources and our own imaginations, we would risk amending statutes outside the legislative process reserved for the people’s representatives. And we would deny the people the right to continue relying on the original meaning of the law they have counted on to settle their rights and obligations.
But as a judge looking back, the most you can hope for is you have done fairness to each person who has come before you, decided each case on the facts and the law, and that you have just carried on the tradition of a neutral, impartial judiciary. That is what we do. We just resolve cases and controversies. Lawyers are supposed to be fierce advocates, and I was once a fierce advocate for my clients. But a judge is supposed to listen courteously and rule impartially.
Numbers tell part of the story, but only a part. Today, the law touches our lives in very different ways than it once did. In the past, the rules that governed what happened in our homes, families, houses of worship, and schools were found less in law than in custom or were left to private agreement and individual judgement. Even in the areas of life where law has long played a larger role, its character has changed. Once, most of our law came from local and state authorities; now, federal law often dominates.
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