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the underlying struggle - between worlds of plenty and worlds of want; between the modern and the ancient; between those who embrace our teeming, colliding, irksome diversity, while still insisting on a set of values that binds us together, and those who would seek, under whatever flag or slogan or sacred text, a certainty and simplification that justifies cruelty toward those not like us...
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"It is the eternal struggle between these two principles — right and wrong — throughout the world. They are the two principles that have stood face to face from the beginning of time; and will ever continue to struggle. The one is the common right of humanity, and the other the divine right of kings. It is the same principle in whatever shape it develops itself. It is the same spirit that says, "You toil and work and earn bread, and I'll eat it." No matter in what shape it comes, whether from the mouth of a king who seeks to bestride the people of his own nation and live by the fruit of their labor, or from one race of men as an apology for enslaving another race, it is the same tyrannical principle."
The battle we have fought, and are still fighting, for the forests is a part of the eternal conflict between right and wrong, and we cannot expect to see the end of it. … So we must count on watching and striving for these trees, and should always be glad to find anything so surely good and noble to strive for.
The perennial challenge in any discussion concerning law comes down to how it is understood and embraced – is it a matter of the literal application of the law or rather the spirit that stands behind it and gives it purpose and life. There is an art in maintaining a healthy balance, keeping the two in dialogue and not creating dividing lines. As in many things, it plays out sometimes better in theory than in actual practice.
The reconciliation of the irreconcilable, the merger of antitheses, the synthesis of opposites, these are the great problems of the law... We have the claims of stability to be harmonized with those of progress. We are to reconcile liberty with equality, and both of them with order. The property rights of the individual we are to respect, yet we are not to press them to the point at which they threaten the welfare or the security of the many. We must preserve to justice its universal quality, and yet leave to it the capacity to be individual and particular.
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