At the constitutional level where we work, ninety percent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections.
About this quote
- What does it mean?
- Legal decisions are largely driven by emotion, with reason serving to justify those instincts afterward.
- In plain terms
- Judges decide emotionally and then find reasons to support it.
- What can you take from it?
- Recognize emotion drives legal choices more than pure logic.
Where it applies
Putting it to work
Questions to consider
- How much do emotions guide your judgments?
- Can reason ever truly override emotion?
Another view
Some argue training can minimize emotional influence in law.
More from Charles Evans Hughes
[Dissents are] appeals to the brooding spirit of the law, to the intelligence of another day.
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