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About this quote

What does it mean?
Law requires human judgment and cannot be reduced to mechanical calculation.
In plain terms
Legal outcomes depend on human insight not just fixed rules.
What can you take from it?
Law needs human judgment not just rules.

Where it applies

  • courts
  • legislation
  • adjudication

Putting it to work

  • value human judgment
  • avoid rigid rules
  • consider context

Questions to consider

  • Can rules replace judgment?
  • When is flexibility better?

Another view

Human judgment can also be inconsistent or biased.

More from William O. Douglas

  1. The whole, though larger than any of its parts, does not necessarily obscure their separate identities.

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  2. We have here the problem of bigness. Its lesson should by now have been burned into our memory by Brandeis. The Curse of Bigness shows how size can become a me…

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  3. Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other inventions.

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