Our common law is the stock instance of a combination of custom and its successive adaptations.
Learned HandThere 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.
Learned HandAll discussion, all debate, all dissidence tends to question and in consequence, to upset existing convictions; that is precisely its purpose and its justification.
Learned Hand