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The condition of our survival in any but the meagerest existence is our willingness to accommodate ourselves to the conflicting interests of others, to learn to live in a social world.
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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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Justice, I think, is the tolerable accomodation of the conflicting interests of society, and I don't believe there is any royal road to attain such accomodations concretely.
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The judge's authority depends upon the assumption that he speaks with the mouth of others. That is to say, the momentum of his utterances must be greater than any which his personal reputation and character can command, if it is to do the work assigned to it — if it is to stand against the passionate resentments arising out of the interests he must frustrate — for while a judge must discover some composition with the dominant trends of his times, he must preserve his authority by cloaking himself in the majesty of an overshadowing past.
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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.
Learned Hand
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Nobody ever did anything very foolish except from some strong principle.
William Lamb, 2nd Viscount Melbourne
Learned Hand
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Born:
January 27, 1872
Died:
August 18, 1961
(aged 89)
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