The use of history is to tell us what we are, for at our birth we are nearly empty vessels and we become what our tradition pours into us.
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.
Heretics have been hated from the beginning of recorded time; they have been ostracized, exiled, tortured, maimed, and butchered; but it has generally proved impossible to smother them; and when it has not, the society that has succeeded has always declined.
We may win when we lose, if we have done what we can; for by so doing we have made real at least some part of that finished product in whose fabrication we are most concerned: ourselves.
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.
The aim of law is the maximum gratification of the nervous system of man.
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.
A self-made man may prefer a self-made name.
There is nothing sinister in so arranging one's affairs as to keep taxes as low as possible.
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.
It was not the violence of our enemies [in World War I] that would undo us, I thought, but our own spiritual weakness, the shallowness of our convictions.
Liberty is so much latitude as the powerful choose to accord to the weak.
Each one of us must in the end choose for himself how far he would like to leave our collective fate to the wayward vagaries of popular assemblies 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 I should miss the stimulus of living in a society where I have, at least theoretically, some part in the direction of public affairs.
Political agitation, by the passions it arouses or the convictions it engenders, may in fact stimulate men to the violation of the law. Detestation of existing policies is easily transformed into forcible resistance of the authority which puts them in execution, and it would be folly to disregard the causal relation between the two. Yet to assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government.
Life is not a thing of knowing only--nay, mere knowledge has properly no place at all save as it becomes the handmaiden of feeling and emotions.
Every smallest step of modern industry depends upon a cooperation whose maintenance and regulation is the very stuff of law.
It is often hard to secure unanimity about the borders of legislative power, but that is much easier than to decide how far a particular adjustment diverges from what the judges deem tolerable. On such issues experience has over and over again shown the difficulty of securing unanimity. This is disastrous because disunity cancels the impact of monolithic solidarity on which the authority of a bench of judges so largely depends.
The profession of the law of which he [a judge] is a part is charged with the articulation and final incidence of the successive efforts towards justice; it must feel the circulation of the communal blood or it will wither and drop off, a useless member.
Conservative political opinion in America cleaves to the tradition of the judge as passive interpreter, believing that his absolute loyalty to authoritative law is the price of his immunity from political pressure and of the security of his tenure.
For, when all is said, as my friend George Rublee likes to put it, the only success is to be a success as a person; and it is still not too late for that.
I shall ask no more than that you agree with Dean Inge that even though counting heads is not an ideal way to govern, at least it is better than breaking them.
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.
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.
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.
Words are not pebbles in alien juxtaposition.
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