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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.

Learned Hand#36

LawJusticeCourtsGovernanceAuthorityTradition

About this quote

What does it mean?
Judicial authority relies on the court representing societal values rather than personal opinion.
In plain terms
A judge rules better when they represent the law and tradition, not just themselves.
What can you take from it?
Judges should ground decisions in established law and tradition.

Where it applies

  • court rulings
  • legal interpretation
  • public trust

Putting it to work

  • cite precedent consistently
  • emphasize institutional role
  • avoid personal bias

Questions to consider

  • How much should a judge reflect current trends?
  • Can authority exist without personal character?

Another view

Reliance on tradition can sometimes slow necessary legal progress.

More from Learned Hand

  1. In the end it is worse to suppress dissent than to run the risk of heresy.

    Permalink to quote #35
  2. The public needs the equivalent of Chevrolets as well as Cadillacs.

    Permalink to quote #37
  3. For myself it would be most irksome to be ruled by a bevy of Platonic Guardians, even if I knew how to choose them, which I assuredly do not.

    Permalink to quote #34

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