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It has not been unknown that judges persist in error to avoid giving the appearance of weakness and vacillation.
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
Weakness
Vacillation
Judging
Judges
Giving
Persist
Error
Unknown
Appearance
Errors
Avoid
More quotes by Felix Frankfurter
If nowhere else, in the relation between Church and State, good fences make good neighbors.
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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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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 is important not to give the appearance of a predisposed mind. And it is more important not to let the mind become predisposed.
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The ultimate foundation of a free society is the binding tie of cohesive sentiment.
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The Procrustean bed is not a symbol of equality. It is no less inequality to have equality among unequals.
Felix Frankfurter
Liberty of thought soon shrivels without freedom of expression. Nor can truth be pursued in an atmosphere hostile to the endeavor or under dangers which are hazarded only by heroes.
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A court which yields to the popular will thereby licenses itself to practice despotism, for there can be no assurance that it will not, on another occasion, indulge its own will.
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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.
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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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While it is not always profitable to analogize fact to fiction, La Fontaine's fable of the crow, the cheese, and the fox demonstrates that there is a substantial difference between holding a piece of cheese in the beak and putting it in the stomach.
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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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Anybody who is any good is different from anybody else.
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It is a fair summary of history to say that the safeguards of liberty have been forged in controversies involving not very nice people.
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The real rulers in Washington are invisible, and exercise power from behind the scenes.
Felix Frankfurter
There is torture of mind as well as body the will is as much affected by fear as by force. And there comes a point where this Court should not be ignorant as judges of what we know as men.
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No court can make time stand still.
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.
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Appeal must be to an informed, civically militant electorate.
Felix Frankfurter
There is no inevitability in history except as men make it.
Felix Frankfurter