No doubt one may quote history to support any cause, as the devil quotes the scripture.
Learned HandI 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.
Learned HandIf we are to keep our democracy, there must be one commandment: thou shalt not ration justice.
Learned HandThe profession of the law of which he [a judge] is a part is charged with the articulation and final incidence of the successive efforts towards justice; it must feel the circulation of the communal blood or it will wither and drop off, a useless member.
Learned HandBipartisan 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.
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 Hand