John Donne, the pre-eminent 16th century representative of the metaphysical poets, considered by some to be the greatest love bard in the English language, gifted us a particularly beautiful reflection. In his Meditation XVII, “Devotions upon Emergent Occasions”, he wrote: “No man is an island entire of itself; every man is a piece of the continent, a part of the main; […] any man's death diminishes me, because I am involved in mankind. And therefore never send to know for whom the bell tolls; it tolls for thee.”
The reflection, brought up by Louis Brandeis’ biographer, Lewis J. Paper, provides a very suitable frame to look into the life choices of the legal scholar and practitioner who would go on to become one of America’s most memorable Supreme Court Justices. In his journey to becoming the general public’s lawyer, Brandeis experienced a number of transformations. For example, when he radically revised his views on labor relations relative bargaining power in the autumn of 1893, prompted by the violent repression of striking steel workers at the Carnegie plant in Homestead, Pennsylvania. With security guards opening fire on the striking crowd, many people were killed and several more were injured. Speaking to a reporter about the account, Brandeis later said: “I saw at once that the common law, built upon simpler conditions of living, gave an inadequate basis for the adjustment of the complex relations of the modern factory system. I threw away my notes –from some previous MIT lectures he had prepared defending a more laissez faire-leaning regulation– and approached my theme from new angles.”
But even more interestingly, beyond becoming a truly committed advocate of social justice, who championed causes such as freedom of speech, governmental transparency, competitive markets, the right to privacy or a more balanced set of labor relations practices, Brandeis honoured John Donne’s reflection by flipping what it means to be a man of the law. He was one of the first legal figures to see beyond the perfect-alignment-of-interests but limiting dynamic of client-lawyer. By way of example, when Brandeis appeared before the Ways and Means Committee of the House of Representatives on January 11, 1897, he said, to the amazement of much of his audience: “I want to speak on behalf of those who form, I believe, a far larger part of the people of the United States than any who have found representation here. I appear for those who want to be left alone, those who do not come to Congress and seek the aid of the sovereign powers of the government to bring them prosperity.”
To this day he remains an example and inspiration on account of his independence of mind, superior judgement, uncanny innovations, and firm commitment to the greater good –as perceived by him–, at whatever the cost.
