Oliver Wendell Holmes Jr.

"Get down, you fool!"

"But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view."

"It is the merit of the common law that it decides the case first and determines the principle afterwards."

"The life of the law has not been logic; it has been experience... The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics."

"The degree of civilization which a people has reached, no doubt, is marked by their anxiety to do as they would be done by."

"State interference is an evil, where it cannot be shown to be a good."

"It is now the moment when by common consent we pause to become conscious of our national life and to rejoice in it, to recall what our country has done for each of us, and to ask ourselves what we can do for the country in return."

"I think that, as life is action and passion, it is required of a man that he should share the passion and action of his time at peril of being judged not to have lived."

"We know that, if the armies of our war did anything worth remembering, the credit belongs not mainly to the individuals who did it, but to average human nature. We also know very well that we cannot live in associations with the past alone, and we admit that, if we would be worthy of the past, we must find new fields for action or thought, and make for ourselves new careers. But, nevertheless, the generation that carried on the war has been set apart by its experience. Through our great good fortune, in our youth our hearts were touched with fire. It was given to us to learn at the outset that life is a profound and passionate thing. While we are permitted to scorn nothing but indifference, and do not pretend to undervalue the worldly rewards of ambition, we have seen with our own eyes, beyond and above the gold fields, the snowy heights of honor, and it is for us to bear the report to those who come after us."

"As for us, our days of combat are over. Our swords are rust. Our guns will thunder no more. The vultures that once wheeled over our heads must be buried with their prey. Whatever of glory must be won in the council or the closet, never again in the field. I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top."

"The law, so far as it depends on learning, is indeed, as it has been called, the government of the living by the dead. To a very considerable extent no doubt it is inevitable that the living should be so governed. The past gives us our vocabulary and fixes the limits of our imagination; we cannot get away from it. There is, too, a peculiar logical pleasure in making manifest the continuity between what we are doing and what has been done before. But the present has a right to govern itself so far as it can; and it ought always to be remembered that historic continuity with the past is not a duty, it is only a necessity."

"I always say you can get your tragedy of any desired length in England, from thirty seconds to a lifetime. I had one adorable one of twenty-nine minutes by the watch. At the end of that time I started for my train. Woman I'd had a glimpse of in London — walk. She sat on a style, I below her, gazing into her eyes — then, "remember this lane," "while memory holds its seat, etc." "Adieu." And I still do and ever shall remember her, and I rather think she does me a little bit. What imbecilities for an old fellow to be talking. But if one knows his place and makes way for younger men when he isn't sure, it is better perhaps not quite to abandon interest in the sports of life."

"Free competition is worth more to society than it costs."

"One of the eternal conflicts out of which life is made up is that between the effort of every man to get the most he can for his services, and that of society, disguised under the name of capital, to get his services for the least possible return."

"Most of the things we do, we do for no better reason than that our fathers have done them or our neighbors do them, and the same is true of a larger part than what we suspect of what we think."

"The aim of the law is not to punish sins, but is to prevent certain external results."

"Certainty generally is illusion, and repose is not the destiny of man."

"The advice of the elders to young men is very apt to be as unreal as a list of the hundred best books."

"For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics."

"If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience."

"When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts."

"The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race."

"How odious a virtue the much praised simplicity. The only simplicity for which I would give a straw is that which is on the other side of the complex — not that which never has divined it."

"One has to try to strike the jugular and let the rest go."

"Nature has but one judgment on wrong conduct — if you can call that a judgment which seemingly has no reference to conduct as such — the judgment of death."

"Taxes are the price we pay for a civilized society."

"Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgement."

"Constitutions are intended to preserve practical and substantial rights, not to maintain theories."

"I can't help preferring champagne to ditch water — I doubt if the universe does."

"The great act of faith is when a man decides that he is not God."

"Philosophy may have gained by the attempts in recent years to look through the fiction to the fact and to generalize corporations, partnerships, and other groups into a single conception. But to generalize is to omit, and, in this instance, to omit one characteristic of the complete corporation, as called into being under modern statutes, that is most important in business and law."

"The major premise of the conclusion expressed in a statute, the change of policy that induces the enactment, may not be set out in terms, but it is not an adequate discharge of duty for courts to say: We see what you are driving at, but you have not said it, and therefore we shall go on as before."

"Even a dog distinguishes between being stumbled over and being kicked."

"Every opinion tends to become a law."

"A Constitution is not intended to embody a particular economic theory . . . It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States."

"General propositions do not decide concrete cases."

"The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same, which has been a shibboleth for some well known writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable, whether he likes it or not."

"Now and then, an extraordinary case may turn up, but constitutional law, like other mortal contrivances, has to take some chances, and in the great majority of instances, no doubt, justice will be done."

"Life is painting a picture, not doing a sum."

"Life is a roar of bargain and battle, but in the very heart of it there rises a mystic spiritual tone that gives meaning to the whole. It transmutes the dull details into romance. It reminds us that our only but wholly adequate significance is as parts of the unimaginable whole. It suggests that even while living we are living to ends outside ourselves"

"Life is action, the use of one's powers. As to use them to their height is our joy and duty, so it is the one end that justifies itself."

"With all humility, I think, "Whatsoever thy hand findeth to do, do it with thy might." Infinitely more important than the vain attempt to love one's neighbor as one's self. If you want to hit a bird on the wing, you must have all your will in focus, you must not be thinking about yourself, and equally, you must not be thinking about your neighbor: you must be living in your eye on that bird. Every achievement is a bird on the wing."

"Life is an end in itself, and the only question as to whether it is worth living is whether you have had enough of it."

"It is urged in the first place that contempts cannot be crimes, because, although punishable by imprisonment, and therefore, if crimes, infamous, they are not within the protection of the Constitution and the Amendments giving a right to trial by jury, etc., to persons charged with such crimes. But the provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic, living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth."

"Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard."

"The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified; although some decisions with which I have disagreed seem to me to have forgotten the fact."

"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used."

"The character of every act depends upon the circumstances in which it is done."

"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

"There are not infrequent times when a bottle of wine, a good dinner, a girl of some trivial sort can fill the hour for me."