Felix Frankfurter - Law Quotes

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What becomes decisive to a Justice's functioning on the Court in the large area within which his individuality moves is his general attitude toward law, the habits of the mind that he has formed or is capable of unforming, his capacity for detachment, his temperament or training for putting his passion behind his judgment instead of in front of it. The attitudes and qualities which I am groping to characterize are ingredients of what compendiously might be called dominating humility.

Felix Frankfurter
I know of no title that I deem more honorable than that of Professor of the Harvard Law School.

Felix Frankfurter
I do take law very seriously, deeply seriously, because fragile as reason is and limited as law is as the institutionalized medium of reason, that's all we have standing between us and the tyranny of mere will and the cruelty of unbridled, undisciplined feeling.

Felix Frankfurter
Convictions following the admission into evidence of confessions which are involuntary, i. e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system — a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth.

Felix Frankfurter
The eternal struggle in the law between constancy and change is largely a struggle between history and reason, between past reason and present needs.

Felix Frankfurter
It would be a narrow conception of jurisprudence to confine the notion of 'laws' to what is found written on the statute books, and to disregard the gloss which life has written upon it.

Felix Frankfurter
For the highest exercise of judicial duty is to subordinate one's personal pulls and one's private views to the law of which we are all guaradians - those impersonal convictions that made a society a civilized community, and not the victims of personal rule.

Felix Frankfurter
All our work, our whole life is a matter of semantics, because words are the tools with which we work, the material out of which laws are made, out of which the Constitution was written. Everything depends on our understanding of them.

Felix Frankfurter
If one starts with the assumption that, in the absence of specific Congressional authority, a fixed rule of law precludes contracting officers from providing in a Government contract terms reasonably calculated to assure its performance even though there be no money loss through a particular default, there is no problem. But answers are not obtained by putting the wrong question and thereby begging the real one.

Felix Frankfurter
If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. Legal process is an essential part of the democratic process.

Felix Frankfurter
Congress is, after all, not a body of laymen unfamiliar with the commonplaces of our law. This legislation was the formulation of the two Judiciary Committees, all of whom are lawyers, and the Congress is predominately a lawyers' body.

Felix Frankfurter
A license cannot be revoked because a man is redheaded or because he was divorced, except for a calling, if such there be, for which redheadedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly allows it to act arbitrarily, that is precisely the kind of State action which the Due Process Clause forbids.

Felix Frankfurter
Future lawyers should be more aware that law is not a system of abstract logic, but the web of arrangements, rooted in history but also in hopes, for promoting to a maximum the full use of a nation's resources and talents.

Felix Frankfurter