“But when notice is a person's due, process which is a mere gesture is not 'due process.”

Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)
Judicial opinions

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Robert H. Jackson photo
Robert H. Jackson 96
American judge 1892–1954

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“Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires.”

Robert H. Jackson (1892–1954) American judge

Shaughnessy v. United States ex rel Mezei, 345 U.S. 206, 224–25 (1953)
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Context: Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due process. It yields less to the times, varies less with conditions, and defers much less to legislative judgment. Insofar as it is technical law, it must be a specialized responsibility within the competence of the judiciary on which they do not bend before political branches of the Government, as they should on matters of policy which compromise substantive law.
If it be conceded that in some way [that the agency could take the action it did], does it matter what the procedure is? Only the untaught layman or the charlatan lawyer can answer that procedure matters not. Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices. Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.

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“The mental operation by which one achieves new concepts and which one denotes generally by the inadequate name of induction is not a simple but rather a very complicated process. Above all, it is not a logical process although such processes can be inserted as intermediary and auxiliary links. The principle effort that leads to the discovery of new knowledge is due to abstraction and imagination.”

Ernst Mach (1838–1916) Austrian physicist and university educator

3rd edition, p. 318ff, As quoted by Phillip Frank, Philosophy of Science: The Link Between Science and Philosophy (1957)
20th century, "Erkenntnis und Irrtum: Skizzen zur Psychologie der Forschung" (1905)

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