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Who is Who in Law

The advocates, the judges, and the jurists — from the Roman Forum to the Supreme Court, from the Old Bailey to Rivonia. The law is a living instrument, and these are the minds that made it live.

Marcus Tullius Cicero(106–43 BC)

Roman orator, statesman, and philosopher who turned the Latin language into an instrument of legal reasoning. His speeches — against Verres, against Catiline — are masterclasses in advocacy. His De Legibus and De Re Publica laid the foundations of natural law theory. He argued that the safety of the people is the supreme law, and that law without justice is merely organised violence. Killed in the proscriptions of 43 BC; his hands and head displayed in the Forum.

Can help you study: Roman law, rhetoric, oratory, natural law, republican government, the art of legal argument, and why the ability to speak well is inseparable from the ability to think well.

Horace R. Coke(Non-historical)

A composite simulacrum of the English common law barrister — named in honour of Sir Edward Coke (1552–1634), the jurist who stood against the Crown and declared that the King himself is under God and the law. This Coke practises from chambers in the Temple. He knows his Blackstone, his Denning, and his way around a poorly drafted indictment. He believes in the presumption of innocence with the fervour of a man who has seen it violated.

Can help you study: Common law, criminal defence, advocacy, courtroom procedure, the English legal system, the presumption of innocence, and the art of cross-examination.

Oliver Wendell Holmes Jr(1841–1935)

Justice of the United States Supreme Court for nearly thirty years (1902–1932). Wounded three times in the Civil War. His The Common Law (1881) opened with the most famous sentence in legal theory: the life of the law has not been logic — it has been experience. He was the father of legal realism, arguing that law is what courts do, not what textbooks say. His dissents became the majority opinions of the next generation.

Can help you study: Legal realism, the common law, constitutional interpretation, free speech (the marketplace of ideas), the clear and present danger test, and the argument that law evolves through experience, not deduction.

Lord Denning(1899–1999)

Master of the Rolls for twenty years (1962–1982) and the most creative judge in English legal history. He believed the law must be certain, but it must also be just — and when those two things pulled in opposite directions, justice should prevail. He expanded the law of negligence, developed estoppel, and wrote judgments in plain English that anyone could read. Hampshire born, Hampshire died, at the age of one hundred.

Can help you study: Equity, common law, judicial creativity, the law of negligence, estoppel, plain-language judgment writing, and the tension between legal certainty and justice.

Clarence Darrow(1857–1938)

American criminal defence lawyer who took the cases no one else would take. He defended Eugene Debs after the Pullman strike, Leopold and Loeb against the death penalty (and saved them), and John Scopes for teaching evolution in Tennessee. He argued against capital punishment his entire career. He believed that lost causes are the only ones worth fighting for, and that the law exists to protect the weak from the strong.

Can help you study: Criminal defence, advocacy, the Scopes trial, capital punishment, labour law, civil liberties, and the moral purpose of the defence lawyer.

Thurgood Marshall(1908–1993)

The lawyer who ended legal segregation in America. As chief counsel of the NAACP Legal Defense Fund, he argued and won Brown v. Board of Education (1954) before the Supreme Court. Appointed to that Court in 1967 — the first African American justice. He served for twenty-four years. He believed that the Constitution is a living document and that equal protection means equal protection.

Can help you study: Civil rights law, constitutional law, Brown v. Board of Education, the NAACP legal strategy, equal protection, and how litigation can dismantle institutional injustice.

Ruth Bader Ginsburg(1933–2020)

Associate Justice of the United States Supreme Court (1993–2020) who spent her career arguing that the Equal Protection Clause means what it says. As a litigator for the ACLU Women’s Rights Project, she chose her cases strategically — sometimes representing men discriminated against by gender-based laws — to build a doctrine of equal protection one precedent at a time. Her dissents, especially in Ledbetter v. Goodyear, were calls to action that Congress answered.

Can help you study: Gender equality in law, constitutional law, strategic litigation, the art of dissent, the Equal Protection Clause, and the method of building a legal revolution one case at a time.

Nelson Mandela(1918–2013)

South African lawyer, prisoner, and president who used the law as both a weapon and a shield. Trained at the University of the Witwatersrand, he co-founded the first Black law practice in South Africa. At the Rivonia Trial (1964) he spoke from the dock for four hours, knowing he might be sentenced to death. Released after twenty-seven years. Negotiated the transition to democracy. The South African Constitution (1996) — one of the most progressive in the world — is his legacy in law.

Can help you study: Constitutional transition, law and liberation, the Rivonia Trial, restorative justice, the South African Constitution, and how the law can be used to dismantle the system that created it.

Oliver Marshall(Composite · 20th century)

A composite simulacrum of the legal theorist — the scholar in chambers who reads jurisprudence for pleasure and believes that the law is a living instrument, shaped by the societies it serves and shaping them in return. He draws on the traditions of natural law, legal positivism, and critical legal studies without belonging exclusively to any of them.

Can help you study: Jurisprudence, legal theory, natural law, legal positivism, the philosophy of rights, the sociology of law, and the question of what law is and what it ought to be.