
Letter to James Lloyd (1 October 1822)
Source: Memoirs: Ten Years and Twenty Days (1959), p. 477-478
Letter to James Lloyd (1 October 1822)
the non-coercive social persuasion which operates in a family or a community. It says "we should…".
"Triangulation", p. 13
On Fraternity : Politics Beyond Liberty & Equality (2007)
1910s, The Progressives, Past and Present (1910)
Context: Fundamentally, our chief problem may be summed up as the effort to make men as nearly as they can be made, both free and equal; the freedom and equality necessarily resting on a basis of justice and brotherhood. It is not possible, with the imperfections of mankind, ever wholly to achieve such an ideal, if only for the reason that the shortcomings of men are such that complete and unrestricted individual liberty would mean the negation of even approximate equality, while a rigid and absolute equality would imply the destruction of every shred of liberty. Our business is to secure a practical working combination between the two. This combination should aim, on the one hand to secure to each man the largest measure of individual liberty that is compatible with his fellows getting from life a just share of the good things to which they are legitimately entitled; while, on the other hand, it should aim to bring about among well-behaved, hardworking people a measure of equality which shall be substantial, and which shall yet permit to the individual the personal liberty of achievement and reward without which life would not be worth living, without which all progress would stop, and civilization first stagnate and then go backwards. Such a combination cannot be completely realized. It can be realized at all only by the application of the spirit of fraternity, the spirit of brotherhood. This spirit demands that each man shall learn and apply the principle that his liberty must be used not only for his own benefit but for the interest of the community as a whole, while the community in its turn, acting as a whole, shall understand that while it must insist on its own rights as against the individual, it must also scrupulously safeguard these same rights of the individual.
1920s, Freedom and its Obligations (1924)
Minersville School District v. Gobitis, 310 U.S. 586, 604 (1940).
The Supreme Court: How it Was, How it Is (1987).
Books, articles, and speeches
Context: An oft-heard description of the Supreme Court is that it is the ultimate protector in our society of the liberties of the individual. This phrase describes an important role of the Supreme Court, but by ignoring other equally important functions of the Court, it has a potential for mischief. It is a fairly short leap from this language to a feeling that the US Constitution is somehow "vindicated" every time a claim of individual right against government is upheld, and is not vindicated whenever such a claim is not upheld. But this, of course, cannot be the case. The role of the Supreme Court is to uphold those claims of individual liberty that it finds are well-founded in the Constitution, and to reject other claims against the government that it concludes are not well-founded. Its role is no more to exclusively uphold the claims of the individual than it is to exclusively uphold the claims of the government: It must hold the constitutional balance true between these claims.
“While democracy must have its organizations and controls, its vital breath is individual liberty.”
Statement of May 1908, quoted in "Reauthorization of The Civil Rights Division of The United States Department of Justice" (15 May 2003) US House of Representatives.