LAW AS THE COMMON THOUGHTS OF MEN - THE LAW-TEACHING AND JUDGING OF COOLEY,THOMAS,MCINTYRE

In this article, Professor Carrington offers an intellectual history o f Thomas McIntyre Cooley. Cooley, a close contemporary of Dean Langdel l, was in his time the premier judge, law teacher, and legal scholar i n America, overshadowing not only Langdell, but his somewhat younger a ssociate, Oliver Wendell Holmes. The twentieth century has neglected, even seamed, Cooley, while elevating Langdell and Holmes: Langdell as the patron of a technocratic profession trained by Hessians, and Holme s as the patron of a disengaged academic subprofession. In the Jackson ian universe producing Cooley, there was little appreciation of the li kes of either Langdell and his successors, or Holmes and his. This art icle compares the law teaching of Cooley to that of Langdell, and his judging to that of Holmes, and imagines that Cooley might in the twent y-first century regain some of the respect he lost in the twentieth.