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Judicial judgment must take deep account...of the day before yesterday in order that yesterday may not paralyze today.

Felix Frankfurter

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Felix Frankfurter
Age: 82 †
Born: 1882
Born: November 15
Died: 1965
Died: February 22
Former Associate Justice Of The Supreme Court Of The United States
Judge
Lawyer
Politician
Vienna
Austria
May
Judicial
Take
Account
Must
Accounts
Yesterday
Judgment
Deep
Order
Paralyze
Today
Precedent

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Democracy is always a beckoning goal, not a safe harbor. For freedom is an unremitting endeavor, never a final achievement.
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The dynamo of our economic system is self-interest which may range from mere petty greed to admirable types of self-expression.
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It is a wise man who said that there is no greater inequality than the equal treatment of unequals.
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After all, advocates, including advocates for States, are like managers of pugilistic and election contestants in that they have a propensity for claiming everything.
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It simply is not true that war never settles anything.
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If nowhere else, in the relation between Church and State, good fences make good neighbors.
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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 charge against an accused out of his own mouth.
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It has not been unknown that judges persist in error to avoid giving the appearance of weakness and vacillation.
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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.
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There is no inevitability in history except as men make it.
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The eternal struggle in the law between constancy and change is largely a struggle between history and reason, between past reason and present needs.
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Thirty resolute men in your House of Commons could save the world.
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We recognize that stare decisis embodies an important social policy that represents an element of continuity in law and is rooted in the psychological need to satisfy reasonable expectations.
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To be effective, judicial administration must not be leaden-footed.
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The Procrustean bed is not a symbol of equality. It is no less inequality to have equality among unequals.
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Fragile as reason is and limited as law is as the institutionalised medium of reason, that's all we have between us and the tyranny of mere will and the cruelty of unbridled, undisciplined feelings.
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Government is itself an art, one of the subtlest of the arts. It is neither business, nor technology, nor applied science. It is the art of making men live together in peace and with reasonable happiness.
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No judge writes on a wholly clean slate.
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Is that which was deemed to be of so fundamental a nature as to be written into the Constitution to endure for all times to be the sport of shifting winds of doctrine?
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In the first place, lawyers better remember they are human beings, and a human being who hasn't his periods of doubts and distresses and disappointments must be a cabbage, not a human being. That is number one.
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