Cardozo, Dissents and Hamlet

I was reading this morning in a book addressing concepts of justice in Shakespeare’s major plays. Yoshino, Kenji , A Thousand Times More Fair: What Shakespeare's Plays Teach Us About Justice (2012), here. In the book, the  author, an NYU law  professor, explores concepts of justice in Shakespeare's major plays.  I thought that the end of the chapter on Hamlet might be helpful to law students, so I cut and paste it (the rest of this blog entry is the quote, with the quote from Cardozo indented):

In a 1931 essay titled “Law and Literature,” soon-to-be Supreme Court Justice Benjamin Cardozo explores both the importance of idealism and the importance of containing it. Cardozo observes that dissents tend to be more idealistic than majority opinions:

The voice of the majority may be that of force triumphant, content with the plaudits of the hour, and recking little of the morrow. The dissenter speaks to the future, and his voice is pitched to a key that will carry through the years. Read some of the great dissents, the opinion, for example of Judge Curtis in Dred Scott vs. Sandford, and feel after the cooling time of the better part of [a] century the glow and fire of a faith that was content to bide its hour. The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.

Cardozo observes that dissents can afford to be more idealistic because they have no immediate force in the world. The dissenter, who has already lost, can express an ideal justice for “the eternities.”