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Report No. 95

3.28. Shapiro's view on consistency.-

Professor Shapiro has dealt with another aspect of consistency in these words,1 while describing the role of the judge:

"In other words, his chief concern should not be whether or not a given decision will for the next twenty years facilitate or hinder the rise of the Negro to a position of equality; it should be whether the standard of equality he enunciates today will, in the next twenty years support him in the path of logic and consistency or lead him into the temptation of irrationality. Is the standard he enunciates today sufficiently general and rational to be applicable to the cases that will come before him tomorrow?".

1. Martin Shapiro Law and Politics in the Supreme Court, p. 18.

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