I am ready to concede that the rule of adherence to precedent, though it ought not to be abandoned, ought to be in some degree relaxed. I think that when a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. ... That court best serves the law which recognizes that the rules of law which grew up in a remote generation may, in the fullness of experience, be found to serve another generation badly, and which discards the old rule when it finds that another rule of law represents what should be according to the established and settled judgment of society.
Benjamin N. CardozoRelated topics
abandonment adherence avowal best court degree experience found frank full fullness generation hesitation judgment justice law less ought precedent ready remote rule sense serve should social society think welfare rulesRelated quotes
It took centuries of intellectual, philosophical development to achieve political freedom. It was a long struggle, stretching from Aristotle to John Locke to the Founding Fathers. The system they established was not based on unlimited majority rule, but on its opposite: on individual rights, which were not to be alienated by majority vote or minority plotting. The individual was not left at the mercy of his neighbors or his leaders: the Constitutional system of checks and balances was scientifically devised to protect him from both. This was the great American achievement-and if concern for the actual welfare of other nations were our present leaders' motive, this is what we should have been teaching the world.
Ayn Rand
Certainly no nation ever before abandoned to the avarice and jugglings of private individuals to regulate according to their own interests, the quantum of circulating medium for the nation - to inflate, by deluges of paper, the nominal prices of property, and then to buy up that property at 1s. in the pound, having first withdrawn the floating medium which might endanger a competition in purchase. Yet this is what has been done, and will be done, unless stayed by the protecting hand of the legislature. The evil has been produced by the error of their sanction of this ruinous machinery of banks; and justice, wisdom, duty, all require that they should interpose and arrest it before the schemes of plunder and spoliation desolate the country.
Thomas Jefferson
Like Rimbaud before them, the surrealists abandoned the aesthetic altogether; it takes a certain courage to leave poetry for Africa [as Rimbaud himself did]. They revealed their insight as essentially moral in never forgetting for a moment that most living is a process of conforming to an established order which is inhuman in its drives and consequences. Their hatred sustained them through all the humiliating situations in which the modern artist find himself, and led them to conceptions beyond the reach of more passive souls. For them true 'poetry' was freedom from mechanical social responses. No wonder they loved the work of children and the insane – if not the creatures themselves.
Mark Rothko
When authoritarianism is no longer necessary to protect the welfare of the people, I will be the first to move for its dismantling. But the easy, casual wave of the hand dismissing the dangers that confront the worsening world situation and us is not for me. It is for those who insist that I dismantle martial law against my best judgment but, legally and morally, cannot be held liable for any Kampuchean-like tragedy that would be fall our people if I followed their advice. But I would be liable. I would be called all kinds of names. I would be called stupid, naïve and obstinate. History and our people would hold me accountable not only perhaps for lack of wisdom, but for lack of courage if I followed such advice.
Ferdinand Marcos
Among the features peculiar to the political system of the United States is the perfect equality of rights which it secures to every religious sect. And it is particularly pleasing to observe in the good citizenship of such as have been most distrusted and oppressed elsewhere, a happy illustration of the safety and success of this experiment of a just and benignant policy. Equal laws protecting equal rights, are found as they ought to be presumed, the best guarantee of loyalty, and love of country; as well as best calculated to cherish that mutual respect and good will among citizens of every religious denomination which are necessary to social harmony and most favorable to the advancement of truth.
James Madison
