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If we are to keep our democracy, there must be one commandment: thou shalt not ration justice.
Learned Hand
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Learned Hand
Age: 89 †
Born: 1872
Born: January 27
Died: 1961
Died: August 18
Judge
Lawyer
Philosopher
Albany
New York
Billings Learned Hand
Commandments
Thou
Democracy
Justice
Keep
Ration
Political
Rations
Must
Commandment
Shalt
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The mutual confidence on which all else depends can be maintained only by an open mind and a brave reliance upon free discussion.
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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.
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It is still in the lap of the gods whether a society can succeed which is based on civil liberties and human rights conceived as I have tried to describe them but of one thing at least we may be sure: the alternatives that have so far appeared have been immeasurably worse.
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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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Our common law is the stock instance of a combination of custom and its successive adaptations.
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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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Would we hold liberty, we must have charity- charity to others, charity to ourselves, crawling up from the moist ovens of a steaming world, still carrying the passional equipment of our ferocious ancestors, emerging from black superstition amid carnage and atrocity to our perilous present.
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The lawyer must either learn to live more capaciously or be content to find himself continuously less trusted, more circumscribed, till he becomes hardly more important than a minor administrator, confined to a monotonous round of record and routine, without dignity, inspiration, or respect.
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Every smallest step of modern industry depends upon a cooperation whose maintenance and regulation is the very stuff of law.
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The public needs the equivalent of Chevrolets as well as Cadillacs.
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You cannot raise the standard against oppression, or leap into the breach to relieve injustice, and still keep an open mind to every disconcerting fact, or an open ear to the cold voice of doubt.
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Skepticism is my only gospel, but I don't want to make a dogma out of it.
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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.
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Seldom, if ever, does wisdom come, shall we punish it if it comes late?
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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.
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Liberty is so much latitude as the powerful choose to accord to the weak.
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