It is well enough to say that we shall be consistent, but consistent with what? . . . The origins of the rule? The course and tendency of development? With logic or philosophy? With the fundamental conceptions of jurisprudence? All these loyalties are possible. All have sometimes prevailed.

There is in each of us a stream of tendency, whether you choose to call it philosophy or not, which gives coherence and direction to thought and action. Judges…

My analysis of the judicial process comes then to this, and little more: logic, and history, and custom, and utility, and the accepted standards of right condu…

It is the refutation alike of communism and socialism that they thwart the instinct of expansion; that they substitute for individual energy the energy of the …