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.
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As quoted by William J Brennan Jr, Associate Justice, US Supreme Court, NY Times (October 6, 1963); and later in "The Role of the Court — The Challenge of the Future" in An Affair with Freedom (1967).Learned Hand
A man is what he is, not what men say he is. His character no man can touch. His character is what he is before his God and his Judge; and only himself can damage that. His reputation is what men say he is. That can be damaged; but reputation is for time, character is for eternity.
John Bartholomew Gough
What kind of authority is it that dares to thrust itself between me and my bride, the bride I myself have chosen and who has chosen me. And this authority will command her to be faithful to me-does she need, then, a command-and what if she would be faithful to me only because a third party, whom she loved more than me, commanded it! And it orders me to be faithful to her-do I need to be ordered, I who belong to her with my whole soul! And this authority determines our relation to each other; it says that I am to order and she to obey; but what if I do not want to order, what if I feel too inferior for that? No, her I will obey; for me her hint is my command but I will not submit to an alien authority.
Soren Aabye Kierkegaard
One can judge from experiment, or one can blindly accept authority. To the scientific mind, experimental proof is all important and theory is merely a convenience in description, to be junked when it no longer fits. To the academic mind, authority is everything and facts are junked when they do not fit theory laid down by authority.
Robert A. Heinlein
In ancient times the State absorbed authorities not its own, and intruded on the domain of personal freedom. In the Middle Ages it possessed too little authority, and suffered others to intrude. Modern States fall habitually into both excesses. The most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities.
John (Lord Acton) Acton
Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day.
Alberto Gonzales
Hand, Learned
Handel, George Frideric
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