Hellman v. Hellman

This is certainly one of the most difficult cases we have had. On the one hand, the pertinent principles of law are both long-settled and clearly stated. On the other hand, having worked through the evolution of those principles, and having applied them to the facts of the case, one is left with a profound and abiding sense of dissatisfaction. The reason why this is so is that the principles, settled as they may be, are unjust.

A judge confronted with the task of applying principles of law that after the most conscientious reflection appear unjust will naturally become restive. This feeling,…