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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 gre… - Learned Hand
" "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.
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About Learned Hand
Billings Learned Hand (27 January 1872 – 18 August 1961), usually called simply Learned Hand, was an American judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit. He was famous as an avid supporter of free speech and for applying economic reasoning to American tort law. He is noted as one of the most influential American judges to have never served on the Supreme Court of the United States.
Also Known As
Birth Name:
Billings Learned Hand
Alternative Names:
Judge Learned Hand
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Additional quotes by Learned Hand
Yet the whole structure of the common law is an obvious denial of this theory; it stands as a monument slowly raised, like a coral reef, from the minute accretions of past individuals, of whom each built upon the relics which his predecessors left, and in his turn left a foundation upon which his successors might work.
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