Oliver Wendell Holmes Jr. Quotes

Oliver Wendell Holmes Jr. was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932. Holmes is one of the most widely cited Supreme Court justices and among the most influential American judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law School. His positions, distinctive personality, and writing style made him a popular figure, especially with American progressives.During his tenure on the U.S. Supreme Court, to which he was appointed by President Theodore Roosevelt in 1902, he supported the constitutionality of state economic regulation and came to advocate broad freedom of speech under the First Amendment, after, in Schenck v. United States , having upheld for a unanimous court criminal sanctions against draft protestors with the memorable maxim that "free speech would not protect a man in falsely shouting fire in a theatre and causing a panic" and formulating the groundbreaking "clear and present danger" test. Later that same year, in his famous dissent in Abrams v. United States , he wrote that "the best test of truth is the power of the thought to get itself accepted in the competition of the market.... That, at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment." He added that "we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death...."He was one of only a handful of justices known as a scholar; The Journal of Legal Studies has identified Holmes as the third-most-cited American legal scholar of the 20th century. Holmes was a legal realist, as summed up in his maxim, "The life of the law has not been logic: it has been experience", and a moral skeptic opposed to the doctrine of natural law. His jurisprudence and academic writing influenced much subsequent American legal thinking, including the judicial consensus upholding New Deal regulatory law and the influential American schools of pragmatism, critical legal studies, and law and economics. Wikipedia  

✵ 8. March 1841 – 6. March 1935
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The Common Law
Oliver Wendell Holmes Jr.
Oliver Wendell Holmes Jr.: 107   quotes 7   likes

Famous Oliver Wendell Holmes Jr. Quotes

“The young man knows the rules, but the old man knows the exceptions.”

Attributed in the Sioux City Journal http://www.siouxcityjournal.com/ (6 Jul 2008), p. A8
In fact, from a " Valedictory Address https://books.google.com/books?id=7joCAAAAYAAJ&pg=PA426&dq=The+young+man+knows+the+rules,+but+the+old+man+knows+the+exceptions&hl=en&sa=X&ved=0CCcQ6AEwAmoVChMI1-e4oOewyAIVWFmICh0eVQsI#v=onepage&q=%22The%20young%20man%20knows%20the%20rules%2C%20but%20the%20old%20man%20knows%20the%20exceptions%22&f=false, delivered to the Graduating Class of the Bellevue Hospital College" in 1871 by Oliver Wendell Holmes, Sr, reprinted in the New York Medical Journal 13 (April 1871): 426.
Misattributed

“If you want to know the law and nothing else, you must look at it as a bad man”

1890s, The Path of the Law (1897)
Context: If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.

Oliver Wendell Holmes Jr. Quotes about laws

Oliver Wendell Holmes Jr. Quotes about life

“Life is painting a picture, not doing a sum.”

Address to the Harvard Alumni Association to the Class of '61, in Speeches (1913), p. 96.
1910s

“Life is an end in itself, and the only question as to whether it is worth living is whether you have had enough of it.”

Speech to the Bar Association of Boston, in Speeches (1913), p. 86.
1910s

Oliver Wendell Holmes Jr.: Trending quotes

“There is no friend like an old friend who has shared our morning days, no greeting like his welcome, no homage like his praise.”

Oliver Wendell Holmes, Sr., The Poetical Works of Oliver Wendell Holmes, Kessinger Publishing (2005).
Misattributed

“Taxes are the price we pay for a civilized society.”

Reportedly first said by Holmes in a speech in 1904, alternately phrased as "Taxes are what we pay for civilized society, including the chance to insure", Compania General De Tabacos De Filipinas v. Collector of Internal Revenue, 275 U.S. 87, 100, dissenting; opinion (21 November 1927). The first variation is quoted by the IRS above the entrance to their headquarters at 1111 Constitution Avenue.
1900s

“As for us, our days of combat are over.”

"The Soldier's Faith" Memorial Day address at Harvard University (30 May 1895) http://people.virginia.edu/~mmd5f/holmesfa.htm.
1890s
Context: As for us, our days of combat are over. Our swords are rust. Our guns will thunder no more. The vultures that once wheeled over our heads must be buried with their prey. Whatever of glory must be won in the council or the closet, never again in the field. I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top.

Oliver Wendell Holmes Jr. Quotes

“We see what you are driving at, but you have not said it, and therefore we shall go on as before.”

Johnson v. United States, 163 F. 30 (1st Cir. 1908) (Justice Holmes sitting by designation as a judge of the First Circuit).
1900s
Context: The major premise of the conclusion expressed in a statute, the change of policy that induces the enactment, may not be set out in terms, but it is not an adequate discharge of duty for courts to say: We see what you are driving at, but you have not said it, and therefore we shall go on as before.

“Three generations of imbeciles are enough.”

U.S. Supreme Court rationale for sterilizing the "unfit." Buck v. Bell, 274 U.S. 200, 207 (1927) (endorsing Virginia's eugenics program).
1920s
Context: We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.... Three generations of imbeciles are enough.

“We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices”

U.S. Supreme Court rationale for sterilizing the "unfit." Buck v. Bell, 274 U.S. 200, 207 (1927) (endorsing Virginia's eugenics program).
1920s
Context: We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.... Three generations of imbeciles are enough.

“When we study law we are not studying a mystery but a well-known profession.”

1890s, The Path of the Law (1897)
Context: When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.

“Through our great good fortune, in our youth our hearts were touched with fire.”

In Our Youth Our Hearts Were Touched With Fire (1884)
Context: We know that, if the armies of our war did anything worth remembering, the credit belongs not mainly to the individuals who did it, but to average human nature. We also know very well that we cannot live in associations with the past alone, and we admit that, if we would be worthy of the past, we must find new fields for action or thought, and make for ourselves new careers.
But, nevertheless, the generation that carried on the war has been set apart by its experience. Through our great good fortune, in our youth our hearts were touched with fire. It was given to us to learn at the outset that life is a profound and passionate thing. While we are permitted to scorn nothing but indifference, and do not pretend to undervalue the worldly rewards of ambition, we have seen with our own eyes, beyond and above the gold fields, the snowy heights of honor, and it is for us to bear the report to those who come after us.

“I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top.”

"The Soldier's Faith" Memorial Day address at Harvard University (30 May 1895) http://people.virginia.edu/~mmd5f/holmesfa.htm.
1890s
Context: As for us, our days of combat are over. Our swords are rust. Our guns will thunder no more. The vultures that once wheeled over our heads must be buried with their prey. Whatever of glory must be won in the council or the closet, never again in the field. I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top.

“The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.”

1890s, The Path of the Law (1897)
Context: When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.

“Every opinion tends to become a law.”

198 U.S. at 75.
1900s, Lochner v. New York, 198 U.S. 45 (1905)

“I can't help preferring champagne to ditch water — I doubt if the universe does.”

Letter to http://nrs.harvard.edu/urn-3:HLS.Libr:8362502?n=37 William James (24 March 1907); this was misquoted as "I happen to prefer champagne to ditchwater, but there is no reason to suppose that the cosmos does" in "Our Mission Statement" http://article.nationalreview.com/346187/our-mission-statement/william-f-buckley-jr by William F. Buckley, Jr., in National Review (19 November 1955).
1900s

“Courts are apt to err by sticking too closely to the words of a law where those words import a policy that goes beyond them.”

Olmstead v. United States, 277 U.S. 438, 469 (1928) (Holmes, J., dissenting).
1920s

“Beware how you take away hope from any human being.”

Oliver Wendell Holmes, Sr., in his valedictory address to medical graduates at Harvard University (10 March 1858), published in The Boston Medical and Surgical Journal Vol. LVIII, No. 8 (25 March 1858), p. 158; this has also been paraphrased "Beware how you take away hope from another human being".
Misattributed

“I always say, as you know, that if my fellow citizens want to go to Hell I will help them. It's my job.”

Letter to Harold J. Laski (4 March 1920); reported in Holmes-Laski Letters (1953) by Mark DeWolfe Howe, vol. 1, p. 249.
1920s

“Detached reflection cannot be demanded in the presence of an uplifted knife.”

Brown v. United States, 256 U.S. 335, 343 (16 May 1921).
1920s

“Free competition is worth more to society than it costs.”

Vegelahn v. Guntner, 167 Mass. 92, 44 N.E. 1077, 1080 (1896) (Supreme Court of Massachusetts, Holmes dissenting).
1890s

“The character of every act depends upon the circumstances in which it is done.”

Schenck v. United States, 249 U.S. 47, 52 (3 March 1919).
1910s

“Certitude is not the test of certainty. We have been cocksure of many things that were not so.”

1910s, "Natural Law", 32 Harvard Law Review 40, 41 (1918)

“Most of the things we do, we do for no better reason than that our fathers have done them or our neighbors do them, and the same is true of a larger part than what we suspect of what we think.”

"The Path of the Law," Address to the Supreme Judicial Court of Massachusetts at the dedication of the new hall of the Boston University School of Law (8 January 1897), published in Harvard Law Review, Vol. 10 (25 March 1897).
1890s

“Eloquence may set fire to reason.”

Gitlow v. People of New York, 268 U.S. 652 (1925) (dissenting).
1920s

“Pretty much all the honest truth-telling there is in the world is done by children.”

A paraphrase of Oliver Wendell Holmes, Sr., in "The Poet at the Breakfast-Table" in The Atlantic Monthly Vol. 29 (1872), p. 231: "I like children, — he said to me one day at table. — I like 'em, and I respect 'em. Pretty much all the honest truth-telling there is in the world is done by them".
Misattributed

“Young man, the secret of my success is that at an early age I discovered that I was not God.”

On his 90th birthday to a journalist (8 March 1931), as quoted in Information 2000: Library and Information Services for the 21st Century, Vol. 1991, Part 2 (1992) by the U.S. National Commission on Libraries and Information Science, p. 272.
1930s

“A river is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among those who have power over it.”

Writing for the Court, New Jersey v. New York, et al., 283 U.S. 336, 342 (1931).
1930s

“That, at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment.”

250 U.S. 616; 630.
1910s, Abrams v. United States, 250 U.S. 616 (1919)

“Certainty generally is illusion, and repose is not the destiny of man.”

1890s, The Path of the Law (1897)

“Every now and then a man's mind is stretched by a new idea or sensation, and never shrinks back to its former dimensions.”

Often given as: A mind that is stretched by a new experience can never go back to its old dimensions.
Or: A mind that is stretched by a new idea can never go back to its old dimensions.
Actually by Oliver Wendell Holmes, Senior, from " Autocrat of the Breakfast Table https://books.google.com/books?id=BoQ3AQAAMAAJ&pg=PA502&dq=%22stretched+by+a+new+idea%22&hl=en&sa=X&ved=0ahUKEwidspn60tTJAhVJ1GMKHbt3Bn0Q6AEIHTAA#v=onepage&q=%22stretched%20by%20a%20new%20idea%22&f=false", originally published in The Atlantic, September 1858.
Misattributed

“To be 70 years young is sometimes far more cheerful and hopeful than to be 40 years old.”

Almost certainly attributable to Oliver Wendell Holmes, Sr., who is, in various sources, credited with having said this in letters to Harriet Beecher Stowe (who turned 70 in 1881) and Julia Ward Howe (who turned 70 in 1889), as well as having made the commented about himself. Holmes, Sr. reached the age of 70 in 1879, while Holmes, Jr. reached that age in 1911, some time after the earliest reports of this quote.
Misattributed

“Get down, you fool!”

Assertion famously directed at then-President Abraham Lincoln when he came under enemy fire at Fort Stevens during the American Civil War, as quoted in Team of Rivals: The Political Genius of Abraham Lincoln (2005) by Doris Kearns Goodwin, p. 643.
1860s

“The power to tax is not the power to destroy while this Court sits.”

Panhandle Oil Co. v. Mississippi ex rel. Knox http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=oyez&court=us&vol=277&invol=218, 277 U.S. 233 (1928).
1920s

“Lawyers spend their professional careers shoveling smoke.”

Attributed in Watergate and the White House, Volumes 1-2 (1973) by Edward W. Knappman, p. 100; this has also become paraphrased as "Lawyers spend a great deal of their time shoveling smoke".
Attributions

“I have no respect for the passion of equality, which seems to me merely idealizing envy — I don't disparage envy but I don't accept it as legitimately my master.”

Holmes-Laski Letters : The Correspondence of Mr. Justice Holmes and Harold J. Laski, 1916 - 1935 (1953), Vol. 2, p. 942.
1930s

“Nature has but one judgment on wrong conduct — if you can call that a judgment which seemingly has no reference to conduct as such — the judgment of death.”

Address at the dedication of the Northwestern University Law School Building, Chicago, Illinois (20 October 1902); republished in Holmes' Collected Legal Papers (1937), p. 272.
1900s

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