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.
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
Putting it to work
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.
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