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" "Many things which we take for granted have had to be laboriously fought out or thought out in past times.
Oliver Wendell Holmes, Jr. (8 March 1841 – 6 March 1935) was an American jurist and Associate Justice of the Supreme Court of the United States from 1902 to 1932; he was often called "The Great Dissenter", and was the son of Oliver Wendell Holmes, Sr.
Biography information from Wikiquote
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In Massachusetts today, while, on the one hand, there are a great many rules which are quite sufficiently accounted for by their manifest good sense, on the other, there are some which can only be understood by reference to the infancy of procedure among the German tribes, or to the social condition of Rome under the Decemvirs.
When twenty years ago a vague terror went over the earth and the word socialism began to be heard, I thought and still think that fear was translated into doctrines that had no proper place in the Constitution or the common law. Judges are apt to be naif, simple-minded men, and they need something of Mephistopheles. We too need education in the obvious—to learn to transcend our own convictions and to leave room for much that we hold dear to be done away with short of revolution by the orderly change of law.