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Louis Brandeis

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[N]o law, written or unwritten, can be understood without a full knowledge of the facts out of which it arises, and to which it is to be applied.
--
The Living Law, 10 Illinois Law Review 461, 467 (1915-16).

 
Louis Brandeis

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There is a written and an unwritten law. The one by which we regulate our constitutions in our cities is the written law; that which arises from customs is the unwritten law.

 
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The written law is binding, but the unwritten law is much more so. You may break the written law at a pinch and on the sly if you can, but the unwritten law — which often comprises the written — must not be broken. Not being written, it is not always easy to know what it is, but this has got to be done.

 
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The full facts about Nazi Germany came out quite quickly, and were more than enough to induce despair. The full facts about the Soviet Union were slower to become generally appreciated, but when they at last were, the despair was compounded. The full facts about Mao's China left that compounded despair looking like an inadequate response. After Mao, not even Pol Pot came as a surprise. Sadly, he was a cliché.

 
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Well, granted that it was only a dream, yet the sensation of the love of those innocent and beautiful people has remained with me for ever, and I feel as though their love is still flowing out to me from over there. I have seen them myself, have known them and been convinced; I loved them, I suffered for them afterwards. Oh, I understood at once even at the time that in many things I could not understand them at all ... But I soon realised that their knowledge was gained and fostered by intuitions different from those of us on earth, and that their aspirations, too, were quite different. They desired nothing and were at peace; they did not aspire to knowledge of life as we aspire to understand it, because their lives were full. But their knowledge was higher and deeper than ours; for our science seeks to explain what life is, aspires to understand it in order to teach others how to love, while they without science knew how to live; and that I understood, but I could not understand their knowledge.

 
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