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You may ask what then will become of the fundamental principles of equity and fair play which our constitutions enshrine; and whether I seriously believe that unsupported they will serve merely as counsels of moderation. I do not think that anyone can say what will be left of those principles; I do not know whether they will serve only as counsels; but this much I think I do know - that a society so riven that the spirit of moderation is gone, no court can save; that a society where that spirit flourishes, no court need save; that in a society which evades its responsibility by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish.

Learned Hand#19

LawSocietyJusticeCourtsModeration

About this quote

What does it mean?
Courts cannot save a society that has lost its spirit of moderation; that spirit must be maintained by society itself.
In plain terms
Courts can't fix a society that has lost the will to be moderate; people must fix it themselves.
What can you take from it?
Legal institutions depend on societal moderation to survive.

Where it applies

  • constitutional crises
  • judicial reform
  • political polarization

Putting it to work

  • fostering civic dialogue
  • avoiding judicial overreach
  • building social consensus

Questions to consider

  • What happens when a society rejects moderation?
  • Can law survive without social trust?

Another view

Courts can play a role in checking extremism even without broad societal moderation.

More from Learned Hand

  1. What to an outsider will be no more than the vigorous presentation of a conviction, to an employee may be the manifestation of a determination which it is not …

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  2. The day has clearly gone forever of societies small enough for their members to have personal acquaintance with one another, and to find their station through …

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  3. Life is made up of a series of judgments on insufficient data, and if we waited to run down all our doubts, it would flow past us.

    Permalink to quote #17

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