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To write his views or his observations, his ideas, but not his judgments. Our judgments limit our views of things. Some enclosures, but no walls. The man who always write his judgments places before his eyes the calpe and abyla. He goes no further and creates a nec plus ultra. Thus, in the study of wisdom, many views and few judgments.
certain hallmarks of her legal writing and thought — her care in choosing words, her wariness of politically motivated prosecution, her concern that shortcuts in the name of efficiency often reduce effectiveness in the long run, and her unswerving commitment to individual rights and the presumption of innocence — shone through even in that first letter to her college newspaper.
He had been an extremely thorough and patient Judge with unremitting industry and keen sense to discover truth and do justice. Law, liberty and justice were upheld with consummate ability and independence by His Lordship. On public controversies, some of his judgments are thought provoking. He disputed the correctness of any attempt to whittle down fundamental rights while making it clear that the right to property was not forever sacrosanct. The distinction between the law and order and the public order, has been brought out succinctly in his reported judgments.
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This book comes from the reflections and experience of more than forty years spent in court. Aside from the practice of my profession, the topics I have treated are such as have always held my interest and inspired a taste for books that discuss the human machine with its manifestations and the causes of its varied activity.
A perfect Judge will read each work of Wit
With the same spirit that its author writ;
Survey the WHOLE, nor seek slight faults to find
Where nature moves, and rapture warms the mind;
.... In wit, as nature, what effects our hearts
Is not th'exactness of peculiar parts;
'Tis not a lip, or eye, we beauty call,
But the joint force and full result of all.
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The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
Judgments upon books are formed with even more haste and levity than judgments upon men. Writings are talked of without being known; and people take up an opinion for or against, in consequence of decisions which it would cost them some trouble to determine the source. These are evils which must be borne with patience, and the more so because they are common.
[I]n preparing for these hearings, you may have read some of my more than 570 written decisions, and you may have also noticed that my opinions tend to be on the long side. That is because I also believe in transparency: that people should know precisely what I think and the basis for my decision. And all of my professional experiences, including my work as a public defender and as a trial judge, have instilled in me the importance of having each litigant know that the judge in their case has heard them, whether or not their arguments prevail in court.
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