“The best laws cannot make a constitution work in spite of morals; morals can turn the worst laws to advantage. That is a commonplace truth, but one to which my studies are always bringing me back. It is the central point in my conception. I see it at the end of all my reflections.”
“Even an attorney of moderate talent can postpone doomsday year after year, for the system of appeals that pervades American jurisprudence amounts to a legalistic wheel of fortune, a game of chance, somewhat fixed in the favor of the criminal, that the participants play interminably.”
“We should have learnt by now that laws and court decisions can only point the way. They can establish criteria of right and wrong. And they can provide a basis for rooting out the evils of bigotry and racism. But they cannot wipe away centuries of oppression and injustice -- however much we might desire it.”
“No civilization would ever have been possible without a framework of stability, to provide the wherein for the flux of change. Foremost among the stabilizing factors, more enduring than customs, manners and traditions, are the legal systems that regulate our life in the world and our daily affairs with each other.”
“A fox may steal your hens, Sir, a whore your health and pence, Sir, your daughter rob your chest, Sir, your wife may steal your rest, Sir, a thief your goods and plate. But this is all but picking, with rest, pence, chest and chicken; it ever was decreed, Sir, if lawyer's hand is fee d, Sir, he steals your whole estate.”
“The law is only one of several imperfect and more or less external ways of defending what is better in life against what is worse. By itself, the law can never create anything better. Establishing respect for the law does not automatically ensure a better life for that, after all, is a job for people and not for laws and institutions.”
“In a democracy -- even if it is a so-called democracy like our white-Tlitist one -- the greatest veneration one can show the rule of law is to keep a watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the law.”
“A country survives its legislation. That truth should not comfort the conservative nor depress the radical. For it means that public policy can enlarge its scope and increase its audacity, can try big experiments without trembling too much over the result. This nation could enter upon the most radical experiments and could afford to fail in them.”
“As soon as you begin to say ''We have always done things this way -- perhaps that might be a better way,'' conscious law-making is beginning. As soon as you begin to say We do things this way -- they do things that way -- what is to be done about it?'' men are beginning to feel towards justice, that resides between the endless jar of right and wrong.”
“Our law very often reminds one of those outskirts of cities where you cannot for a long time tell how the streets come to wind about in so capricious and serpent-like a manner. At last it strikes you that they grew up, house by house, on the devious tracks of the old green lanes; and if you follow on to the existing fields, you may often find the change half complete.”
“Those laws, being forged for universal application, are in perpetual conflict with personal interest, just as personal interest is always in contradiction with the general interest. Good for society, our laws are very bad for the individuals whereof it is composed; for, if they one time protect the individual, they hinder, trouble, fetter him for three quarters of his life.”
“Amongst the learned the lawyers claim first place, the most self-satisfied class of people, as they roll their rock of Sisyphus and string together six hundred laws in the same breath, no matter whether relevant or not, piling up opinion on opinion and gloss on gloss to make their profession seem the most difficult of all. Anything which causes trouble has special merit in their eyes.”
“Let reverence for the laws be breathed by every American mother to the lisping babe that prattles on her lap. Let it be taught in schools, in seminaries, and in colleges. Let it be written in primers, spelling books, and in almanacs. Let it be preached from the pulpit, proclaimed in legislative halls, and enforced in the courts of justice. And, in short, let it become the political religion of the nation.”