Learned Hand Quotes


The judge's authority depends upon the assumption that he speaks with the mouth of others. That is to say, the momentum of his utterances must be greater than any which his personal reputation and character can command, if it is to do the work assigned to it - if it is to stand against the passionate resentments arising out of the interests he must frustrate - for while a judge must discover some composition with the dominant trends of his times, he must preserve his authority by cloaking himself in the majesty of an overshadowing past.


Citations

Hand, Learned. "Mr. Justice Cardozo." Columbia Law Review, vol. 39, no. 1, Columbia Law Review Association, Jan. 1939, p. 9.

Related Quotes

The judiciary in the American system must give deference to the executive and legislative branches and interfere only when there is a violation of the Constitution. Many of the laws may well be viewed as bad policy by the judge, or in some case, may be unjust. The judge however cannot interfere just because he is dealing with bad or unjust laws. So Judge Scalia points out that the judge functioning properly in the American system will find that he personally does not like the consequences of his own opinions.


Learned Hand
Learned Hand
  • Born: January 27, 1872
  • Died: August 18, 1961
  • Nationality: American
  • Profession: Judge

Billings Learned Hand was an American judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit. As of 2004 Hand had been quoted more often by legal scholars and by the Supreme Court of the United States than any other lower-court judge.