brennan, earl warren, benjamin cardozo, felix frankfurter, antonin scalia, oliver wendell holmes jr., j. skelly wright, david bazelon and then a lot of other folks. but of all of those it seemed that i saw benjamin cardozo the most and he's the common law man. why? >> guest: because law is actually no different now than it was in roman times. law, the complex relationship between guidelines and flexibility, is something that human beings have been struggling with for as long as there's been civilization. these issues have all been thought about before. benjamin cardozo, at the end of a period beginning at the turn of the century, when people said, "we thought we could turn law into a science," had a series of lectures at yale that were brilliant. i mean, i encourage everybody to read them. one's called "the nature of the judicial process," where he says, basically, law can't be like a perfect letter-writing guide. you can't create the certainty that isn't available elsewhere in life. we can use guidelines and rules to an extent, but we always have to fall back on our judgment and community mores, and law can