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Right knows no boundaries and justice no frontiers; the brotherhood of man is not a domestic institution.
Learned Hand
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If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice.
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The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understands the minds of other men and women.
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Our procedure has always been haunted by the ghost of the innocent man convicted. It is an unreal dream. What we need to fear is the archaic formalism and the watery sentiment that obstructs, delays, and defeats the prosecution of crime.
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Liberty is so much latitude as the powerful choose to accord to the weak.
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Life is made up of a series of judgments on insufficient data, and if we waited to run down all our doubts, it would flow past us.
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For myself it would be most irksome to be ruled by a bevy of Platonic Guardians, even if I knew how to choose them, which I assuredly do not.
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There is no surer way to misread any document than to read it literally. … As nearly as we can, we must put ourselves in the place of those who uttered the words, and try to divine how they would have dealt with the unforeseen situation; and, although their words are by far the most decisive evidence of what they would have done, they are by no means final.
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I had rather take my chance that some traitors will escape detection than spread abroad a spirit of general suspicion and distrust, which accepts rumor and gossip in place of undismayed and unintimidated inquiry.
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Bipartisan democracy presupposes the individual, whose welfare is identical with that of the community in which he lives, the absence of coherent social classes, a basic uniformity of interest throughout.
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Life is made up of constant calls to action, and we seldom have time for more than hastily contrived answers.
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Today in America vast concourses of youth are flocking to our colleges, eager for something, just what they do not know.
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If a community decides that some conduct is prejudicial to itself, and so decides by numbers sufficient to impose its will upon dissenters, I know of no principle which can stay its hand.
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If the prosecution of crime is to be conducted with so little regard for that protection which centuries of English law have given to the individual, we are indeed at the dawn of a new era; and much that we have deemed vital to our liberties, is a delusion.
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The legal relations between the individual and the community which arise out of the production and distribution of property, comprise by far the greater, and more important, part of the law; subtract these and very little content would be left.
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Our dangers, as it seems to me, are not from the outrageous but from the conforming; not from those who rarely and under the lurid glare of obloquy upset our moral complaisance, or shock us with unaccustomed conduct, but from those, the mass of us, who take their virtues and their tastes, like their shirts and their furniture, from the limited patterns which the market offers.
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It is of course true that any kind of judicial legislation is objectionable on the score of the limited interests which a Court can represent, yet there are wrongs which in fact legislatures cannot be brought to take an interest in, at least not until the Courts have acted.
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A wise man once said, "Convention is like the shell to the chick, a protection till he is strong enough to break it through."
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Reputation, like a face, is the symbol of its possessor and creator, and another can use it only as a mask.
This was a trademark case
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We lose the forest for the trees, forgetting, even so far as we think at all, that we are trustees for those who come after us, squandering the patrimony which we have received.
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We all have our prayer-wheels which we set up on the steppes. The indifferent winds come and carry most of them away to gasp out their little lives in the desert, for few reach heaven.
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We accept the verdict of the past until the need for change cries out loudly enough to force upon us a choice between the comforts of inertia and the irksomeness of action.
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This is the most miserable of cases, but we must dispose of it as though it had been presented by actual lawyers.
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The public needs the equivalent of Chevrolets as well as Cadillacs.
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We believe, and I think properly, that when the men who met in 1787 to make our Constitution they made the best political document ever made; but, remember, they did so very largely because they were great compromisers.
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Quote of the day
In a drama of the highest order there is little food for censure or hatred; it teaches rather self-knowledge and self-respect.
Percy Bysshe Shelley
Learned Hand
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Born:
January 27, 1872
Died:
August 18, 1961
(aged 89)
Bio:
Billings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit.
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