Top 101 Quotes & Sayings by Learned Hand

Explore popular quotes and sayings by an American judge Learned Hand.
Last updated on November 8, 2024.
Learned Hand

Billings Learned Hand was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second Circuit from 1924 to 1951.

The spirit of liberty is the spirit which is not too sure that it is right.
The mid-day sun is too much for most eyes; one is dazzled even with its reflection. Be careful that too broad and high an aim does not paralyze your effort and clog your springs of action.
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.
It lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it. While it lies there, it needs no constitution, no law, no court to save it.
A self-made man may prefer a self-made name. — © Learned Hand
A self-made man may prefer a self-made name.
It is enough that we set out to mold the motley stuff of life into some form of our own choosing; when we do, the performance is itself the wage.
Life is made up of constant calls to action, and we seldom have time for more than hastily contrived answers.
Thou shalt not ration justice.
Words are chameleons, which reflect the color of their environment.
What to an outsider will be no more than the vigorous presentation of a conviction, to an employee may be the manifestation of a determination which it is not safe to thwart.
Life is made up of a series of judgments on insufficient data, and if we waited to run down all our doubts, it would flow past us.
The aim of law is the maximum gratification of the nervous system of man.
Words are not pebbles in alien juxtaposition.
No doubt one may quote history to support any cause, as the devil quotes scripture.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it.
The art of publicity is a black art; but it has come to stay, and every year adds to its potency.
In the end it is worse to suppress dissent than to run the risk of heresy. — © Learned Hand
In the end it is worse to suppress dissent than to run the risk of heresy.
Right knows no boundaries, and justice no frontiers; the brotherhood of man is not a domestic institution.
If we are to keep democracy, there must be a commandment: Thou shalt not ration justice.
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.
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.
The apathy of the modern voter is the confusion of the modern reformer.
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.
The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understands the minds of other men and women.
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.
What seems fair enough against a squalid huckster of bad liquor may take on a different face, if used by a government determined to suppress political opposition under the guise of sedition.
I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.
All discussion, all debate, all dissidence tends to question and in consequence, to upset existing convictions; that is precisely its purpose and its justification.
The language of the law must not be foreign to the ears of those who are to obey it.
Convention is like the shell to the chick, a protection till he is strong enough to break it through.
"I beseech ye in the bowels of Christ, think that ye may be mistaken." I should like to have that written over the portals of every church, every school, and every courthouse, and, may I say, of every legislative body in the United States. I should like to have every court begin, "I beseech ye in the bowels of Christ, think that we may be mistaken."
The judge's authority depends upon the assumption that he speaks with the mouth of others. That is to say, the momentum of his utterances must be greater than any which his personal reputation and character can command, if it is to do the work assigned to it - if it is to stand against the passionate resentments arising out of the interests he must frustrate - for while a judge must discover some composition with the dominant trends of his times, he must preserve his authority by cloaking himself in the majesty of an overshadowing past.
The mutual confidence on which all else depends can be maintained only by an open mind and a brave reliance upon free discussion.
Justice is the tolerable accommodation of the conflicting interests of society, and I don't believe there is any royal road to attain such accommodation concretely.
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.
We accept the verdict of the past until the need for change cries out loudly enough to force upon us a choice between the comforts of inertia and the irksomeness of action.
A society in which men recognize no check upon their freedom soon becomes a society where freedom is the possession of only a savage few.
It is the daily; it is the small; it is the cumulative injuries of little people that we are here to protect....If we are able to keep our democracy, there must be once commandment: THOU SHALT NOT RATION JUSTICE.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it ... The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias.
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.
As soon as we cease to pry about at random, we shall come to rely upon accredited bodies of authoritative dogma; and as soon as we come to rely upon accredited bodies of authoritative dogma, not only are the days of our liberty over, but we have lost the password that has hitherto opened to us the gates of success as well.
The spirit of liberty is the spirit that is not quite sure it is right. — © Learned Hand
The spirit of liberty is the spirit that is not quite sure it is right.
The spirit of liberty is the spirit of him who, near two thousand years ago, taught mankind that lesson it has never learned ... .
Our dangers, as it seems to me, are not from the outrageous but from the conforming; not from those who rarely and under the lurid glare of obloquy upset our moral complaisance, or shock us with unaccustomed conduct, but from those, the mass of us, who take their virtues and their tastes, like their shirts and their furniture, from the limited patterns which the market offers.
Skepticism is my only gospel, but I don't want to make a dogma out of it.
Life in a great society, or for that matter in a small, is a web of tangled relations of all sorts, whose adjustment so that it may be endurable is an extraordinarily troublesome matter.
Seldom, if ever, does wisdom come, shall we punish it if it comes late?
No doubt one may quote history to support any cause, as the devil quotes scripture; but modern history is not a very satisfactory side-arm in political polemics; it grows less and less so.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.
In america, there are two tax systems: one for the informed and one for the uninformed. Both are legal
That community is already in the process of dissolution where each man begins to eye his neighbor as a possible enemy, where non-conformity with the accepted creed, political as well as religious, is a mark of disaffection; where denunciation, without specification or backing, takes the place of evidence; where orthodoxy chokes freedom of dissent; where faith in the eventual supremacy of reason has become so timid that we dare not enter our convictions in the open lists, to win or lose.
The hand that rules the press, the radio, the screen and the far-spread magazine, rules the country. — © Learned Hand
The hand that rules the press, the radio, the screen and the far-spread magazine, rules the country.
The legal relations between the individual and the community which arise out of the production and distribution of property, comprise by far the greater, and more important, part of the law; subtract these and very little content would be left.
If we are to keep our democracy, there must be one commandment: thou shalt not ration justice.
There is nothing sinister in so arranging one's affairs as to keep taxes as low as possible.
There is something monstrous in commands couched in invented and unfamiliar language; an alien master is the worst of all. The language of the law must not be foreign to the ears of those who are to obey it.
Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase ones taxes.
Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands.
There is no surer way to misread any document than to read it literally. As nearly as we can, we must put ourselves in the place of those who uttered the words, and try to divine how they would have dealt with the unforeseen situation; and, although their words are by far the most decisive evidence of what they would have done, they are by no means final.
There is no surer way to misread any document than to read it literally.
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