Charles Fried remembers the towering American philsopher, who died last week.
Lincoln’s Code: The Laws of War in American HistoryBy John Fabian Witt (Free Press, 498 pp., $32) WAR IS ABOUT killing, maiming, and destroying. Yet in its midst men have sought heroism not only in savage acts of bravery but also in observing limits, in finding a way to affirm their and their adversaries’ common humanity, in the concept of honor as a higher expression of morality than is attainable even in peace.
Some years ago, I told my colleague Jack Goldsmith, when his role in revoking the notorious Yoo-Bybee torture memos became public, that the only thing worse than being demonized by the left is being lionized by the left. It works both ways, though. The media like to pin a one-word--or if they are more nuanced, one-phrase--epithet on public figures, as Homer would on his gods and heroes (grey-eyed Athena, wily Odysseus). They have decided to attach the term "conservative" (or for the more subtle: "relatively conservative") to solicitor general and former Harvard Law School Dean Elena Kagan.