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Learned Hand

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The law, being an inherited accumulation, imposes itself on each generation willy-nilly. Any society whose members enter and leave it severally must for very convenience, to say nothing of deeper reasons, proceed by tradition; the neophyte must adopt existing habits and ways of acting, if for no better reason, through inexperience and diffidence. Mere custom will do the rest as he proceeds. And so the rule is canonized, its origins, and therefore its meaning, are ignored. But genuine learning is quite different.
--
"Mr. Justice Holmes at Eighty-Five" (1926).

 
Learned Hand

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Into this Universe, and Why not knowing
Nor Whence, like Water willy-nilly flowing;
And out of it, as Wind along the Waste,
I know not Whither, willy-nilly blowing.

 
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The character, or tone, of a society depends on what the society regards as the most respectable or most worthy of admiration. But by regarding certain habits or attitudes as most respectable, a society admits the superiority, the superior dignity, of those human beings who most perfectly embody the habits or attitudes in question. That is to say, every society regards a specific human type (or a specific mixture of human types) as authoritative. When the authoritative type is the common man, everything has to justify itself before the tribunal of the common man; everything which cannot be justified before that tribunal becomes, at best, merely tolerated, if not despised or suspect. And even those who do not recognize that tribunal are, willy-nilly, molded by its verdicts.

 
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Our questions and answers are in part determined by the historical tradition in which we find ourselves. We apprehend truth from our own source within the historical tradition.
The content of our truth depends upon our appropriating the historical foundation. Our own power of generation lies in the rebirth of what has been handed down to us. If we do not wish to slip back, nothing must be forgotten; but if philosophising is to be genuine our thoughts must arise from our own source. Hence all appropriation of tradition proceeds from the intentness of our own life. The more determinedly I exist, as myself, within the conditions of the time, the more clearly I shall hear the language of the past, the nearer I shall feel the glow of its life.

 
Karl Jaspers
 

The most essential characteristic of scientific technique is that it proceeds from experiment, not from tradition. The experimental habit of mind is a difficult one for most people to maintain ; indeed, the science of one generation has already become the tradition of the next...

 
Bertrand Russell
 

You talk a great deal about building a better world for your children, but when you are young you can no more envision a world inherited by your children than you can conceive of dying. The society you mold, you mold for yourself.
It was this way with my generation. We were unhappy with what we inherited and we tried to reshape it in ways that would make it more tolerable to us. You were not uppermost in our thoughts.
Now, in middle age, some of us are trying to rewrite history. Some of us tell you, "We labored and dared and sacrificed — all for you — yet we hear no thanks."
You will not be unduly moved, I hope, by these laments. They are sentimental cries from persons so attached to the society they have rebuilt that they cannot bear the thought of seeing it overhauled by new proprietors.

 
Russell Baker
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