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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.
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
Largely
Reason
Needs
Eternal
Present
Struggle
Law
History
Past
Constancy
Change
More quotes by Felix Frankfurter
The ultimate foundation of a free society is the binding tie of cohesive sentiment.
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The accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority.
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The mark of a truly civilized man is confidence in the strength and security derived from the inquiring mind.
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To some lawyers, all facts are created equal.
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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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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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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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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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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?
Felix Frankfurter
It has not been unknown that judges persist in error to avoid giving the appearance of weakness and vacillation.
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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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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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Freedom of the press is not an end in itself but a means to the end of a free society.
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One is entitled to say without qualification that the correlation between prior judicial experience and fitness for the Supreme Court is zero.
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The ultimate touchstone of constitutionality is the Constitution itself, and not what we have said about it.
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To be effective, judicial administration must not be leaden-footed.
Felix Frankfurter
No judge writes on a wholly clean slate.
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It simply is not true that war never settles anything.
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The real rulers in Washington are invisible, and exercise power from behind the scenes.
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Old age and sickness bring out the essential characteristics of a man.
Felix Frankfurter