History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.
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History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.
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Prophecy, however honest, is generally a poor substitute for experience.
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I own that it is a good deal of a mystery to me how judges, of all persons in the world, should put their faith in dicta. A brief experience on the bench was enough to reveal to me all sorts of cracks and crevices and loopholes in my own opinions when picked up a few months after delivery and reread with due contrition.
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A trustee is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.
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Method is much, technique is much, but inspiration is even more.
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Tidak jarang terjadi krisis dalam kehidupan manusia, bangsa, dan dunia, ketika bentuk-bentuk lama tampaknya siap membusuk, dan aturan tindakan lama telah kehilangan kekuatan pengikatnya. Kejahatan sistem yang ada mengaburkan berkat-berkat yang menyertainya, dan, di mana reformasi dibutuhkan, seruan untuk subversi dimunculkan.
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Justice is not to be taken by storm. She is to be wooed by slow advances.