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Umbra, penumbra, and antumbra formed through windows and shutters. Jurists have used the term "penumbra" as a metaphor for rights implied in the constitution. [1]In United States constitutional law, the penumbra includes a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights. [2]
May 16, 2024 · In the legal sense, a penumbra is a logical extension of a rule, law, or legal statement that provides people with rights not explicitly delineated in the law. This concept dates to 19th century legal precedents in the United States. Justice Oliver Wendell Holmes contributed significantly to the body of legal discussion on this concept and ...
The first use of this metaphor appears to be Oliver Wendell Holmes in 1873, who suggests that the penumbra is a gray area in which logic and principle falter. The metaphor also has been used by Justices Cardozo, Frankfurter, Hand, and Douglas and by Professor Hart. In striking down a Connecticut statute forbidding the use of contraceptives ...
The use of the penumbra metaphor in American jurisprudence appears to date from the late 19th cent. and is associated with Oliver Wendell Holmes (1841–1935), legal scholar and Associate Justice of the United States Supreme Court. It is difficult to distinguish his early use of the term from sense II.3, as the following quotations indicate:
Justice Cardozo's use of the penumbra metaphor in opinions written between 1934 and 1941 was similar to Holmes's application, but Justice Douglas took a different approach. Rather than using it to highlight the difficulty of drawing lines or determining the meaning of words or concepts, he used the term when he wanted to refer to a peripheral area or an indistinct boundary of something specific.
May 23, 2018 · penumbra. pe·num·bra / peˈnəmbrə / • n. (pl. -brae / -brē; -brī / or -bras) the partially shaded outer region of the shadow cast by an opaque object. ∎ Astron. the shadow cast by the earth or moon over an area experiencing a partial eclipse. ∎ Astron. the less dark outer part of a sunspot, surrounding the dark core. ∎ any area of ...
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However, in legal terms penumbra is most often used as a metaphor describing a doctrine that refers to implied powers of the federal government. The doctrine is best known from the Supreme Court decision of griswold v. connecticut, 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965), where Justice william o. douglas used it to describe the concept of an individual's constitutional right of ...
