No matter what coercive powers of enforcement governments may assert, the peoples in country after country in all ages have demonstrated that Man was meant to be free but that this ideal can be realized only under the rule of law. And this must be a rule that places restraints on individuals and on governments alike. This is a delicate, a fragile, balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws.

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The entire legal profession - lawyers, judges, law teachers - has become so mesmerized with the stimulation of the courtroom contest that we tend to forget that we ought to be healers - healers of conflicts. Doctors, in spite of astronomical medical costs, still retain a high degree of public confidence, because they are perceived as healers. Should lawyers not be healers? Healers, not warriors? Healers, not procurers? Healers, not hired guns?

In my conception of it, the primary role of the Court is to decide cases. From the decision of cases, of course, some changes develop, but to try to create or substantially change civil or criminal procedure, for example, by judicial decision is the worst possible way to do it. The Supreme Court is simply not equipped to do that job properly.

History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. Diplomas and tests are useful servants, but Congress has mandated the commonsense proposition that they are not to become masters of reality.

If I were writing the Bill of Rights now there wouldn’t be any such thing as the Second Amendment . . . . This has been the subject of one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime.

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For some disputes, trials will be the only means, but for many claims, trial by adversarial contest must go the way of the ancient trial by battle and blood. Our trials are too costly, too painful, too destructive, too inefficient for a truly civilized people.