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Its traditions of judge made law based on the ideas of equity and common law, rather than decrees from on high are directly contradictory to those of continental Europe.
But, if one believes that it can, one is led almost irresistibly to see law, especially judge made law, in instrumental terms.
For criticism of Holmes see Robert Faulkaner, The Jurisprudence of John Marshall (Princeton: Princeton University Press, 1968), and Christopher Wolfe, The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge Made Law, Revised Edition (Lanham, MD: Rowman and Littlefield, 1994).

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