Custom is the law of one description of fools, and fashion of another; but the two parties often clash; for precedent is the legislator of the first, and novelty of the last.
Charles Caleb "C. C." Colton (1780-1832) English cleric, writer, aphorist
Lacon: Or, Many Things in Few Words, Vol. 1, § 547 (1820)
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Quotations about:
precedent
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If you are brave too often, people will come to expect it of you.
Mignon McLaughlin (1913-1983) American journalist and author
The Second Neurotic’s Notebook, ch. 5 (1966)
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Nearly all of history is only a string of horrors. If tyrants dismiss it while they are alive, it seems that their successors allow people to transmit to posterity the crimes of their predecessors, in order to offer diversion away from the horror that they inspire themselves.
[Presque toute l’Histoire n’est qu’une suite d’horreurs. Si les tyrans la détestent, tandis qu’ils vivent, il semble que leurs successeurs souffrent qu’on transmette à la postérité les crimes de leurs devanciers, pour faire diversion à l’horreur qu’ils inspirent eux-mêmes.]
Nicolas Chamfort (1741-1794) French writer, epigrammist (b. Nicolas-Sébastien Roch)
Products of Perfected Civilization [Produits de la Civilisation Perfectionée], Part 1 “Maxims and Thoughts [Maximes et Pensées],” ch. 8, ¶ 474 (1795) [tr. Siniscalchi (1994)]
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(Source (French)). Alternate translations:Nearly all History is a procession of horrors; but, although tyrants hate History in their own lifetime, a general transmission of such crimes is not unpleasing to their descendants, for it distracts attention from their own.
[tr. Mathers (1926)]Almost the whole of history is nothing but a series of horrors. If tyrants detest it while they are alive, their successors seem willing to allow the crimes of their predecessors to be transmitted to posterity, to divert attention from the horror that they themselves inspire.
[tr. Merwin (1969)]Almost the whole of history is nothing more than a series of horrors. If tyrants detest it while they are alive, it seems that their that their successors suffer that the crimes of their predecessors should be laid at the door of posterity, in order to divert attention from the horrors to which they themselves give rise.
[tr. Pearson (1973)]Almost all of history is a story of horror. If tyrants condemn it during their lifetime, their successors seem to allow the crimes of their predecessors to be passed on to posterity, thereby diverting attention from the horror they themselves inspire.
[tr. Parmée (2003)]
Every failure teaches a man something. For example, that he will probably fail again next time.
H. L. Mencken (1880-1956) American writer and journalist [Henry Lewis Mencken]
A Little Book in C Major, ch. 2, § 24 (1916)
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Variants:EXPERIENCE. A series of failures. Every failure teaches a man something, to wit, that he will probably fail again next time.
A Book of Burlesques, "The Jazz Webster" (1924)Every failure teaches a man something, to wit, that he will probably fail again next time.
Chrestomathy, ch. 30 "Sententiae" (1949)
I conceive that there is nothing which gives a man more pause before taking as absolute what his feelings welcome, and his mind deems plausible, than even the flicker of recollection that something of the sort has been tried before, felt before, disputed before, and for some reason or other has now quite gone into Limbo.
Learned Hand (1872-1961) American jurist
“Sources of Tolerance,” speech, University of Pennsylvania Law School (1930-06)
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Our Constitution was not written in the sands to be washed away by each wave of new judges blown in by each successive political wind that brings new political administrations into temporary power.
Hugo Black (1886-1971) American politician and jurist, US Supreme Court Justice (1937-71)
Turner v. United States, 396 U.S. 398, 426 (1970) [dissenting]
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The values to which people cling most stubbornly under inappropriate conditions are those values that were previously the source of their greatest triumphs.
Jared Diamond (b. 1937) American geographer, historian, ornithologist, author
Collapse: How Societies Choose to Fail or Succeed, ch. 8 (2005)
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No punishment has ever possessed enough power of deterrence to prevent the commission of crimes. On the contrary, whatever the punishment, once a specific crime has appeared for the first time, its reappearance is more likely than its initial emergence could ever have been.
Hannah Arendt (1906-1975) German-American philosopher, political theorist
Eichmann in Jerusalem: A Report on the Banality of Evil, Epilogue (1963)
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Prudent men are in the habit of saying — and not by chance or without basis — that he who wishes to see what is to come should observe what has already happened, because all the affairs of the world, in every age, have their individual counterparts in ancient times. The reason for this is that since they are carried on by men, who have and always have had the same passions, of necessity the same results appear.
Niccolò Machiavelli (1469-1527) Italian politician, philosopher, political scientist
The Discourses on Livy, Book 3, ch. 43 (1517) [tr. Gilbert (1958)]
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Alt. trans.: "The wise are wont to say, and not without reason or at random, that he who would forecast what is about to happen should look to what has been; since all human events, whether present or to come, have their exact counterpart in the past. And this, because these events are brought about by men, whose passions and dispositions remaining in all ages the same naturally give rise to the same effects." [tr. Thomson]
Everybody thought, “this time is different.” In my view, those are the most frightening words in the English language. If you look at the crises that have infected the world, the term, “this time, it’s different” has almost always been the hubris that comes before nemesis.
Andrew Crockett (1943-2012) British banker, economist, author, public servant
Speech, Pomona College, Claremont, Calif. (Apr 2009)
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Referring to the period leading up to the 2008 financial crisis.
Make a careful list of all things done to you that you abhorred. Don’t do them to others, ever. Make another list of things done for you that you loved. Do them for others, always.
No action, whether foul or fair,
Is ever done, but it leaves somewhere
A record, written by fingers ghostly,
As a blessing or a curse, and mostly
In the greater weakness or greater strength
Of the acts which follow it.
It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.
Oliver Wendell Holmes, Jr. (1841-1935) American jurist, Supreme Court Justice
“The Path of the Law,” Speech to the Supreme Judicial Court of Massachusetts (1897-01-18)
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Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. … This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation. But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this court has often overruled its earlier decisions. The court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.
Men make their own history, but they do not make it just as they please; they do not make it under circumstances chosen by themselves but under circumstances directly encountered, given and transmitted from the past. The tradition of all the dead generations weighs like a nightmare on the brains of the living.
Karl Marx (1818-1883) German philosopher, economist, sociologist, historian, journalist
The Eighteenth Brumaire of Louis Napoleon, ch. 1 (1852)
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Ask counsel of both times — of the ancienter time what is best, and of the latter time what is fittest.
Francis Bacon (1561-1626) English philosopher, scientist, author, statesman
“Of Great Place,” Essays, No. 11 (1625)
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You ask, What makes it worth defending? and the only answer I can give is this: Freedom to write, freedom to read, freedom to own material that you believe is worth defending means you’re going to have to stand up for stuff you don’t believe is worth defending, even stuff you find actively distasteful, because laws are big blunt instruments that do not differentiate between what you like and what you don’t, because prosecutors are humans and bear grudges and fight for re-election, because one person’s obscenity is another person’s art. Because if you don’t stand up for the stuff you don’t like, when they come for the stuff you do like, you’ve already lost.
Neil Gaiman (b. 1960) British author, screenwriter, fabulist
Blog entry (2008-12-01), “Why defend freedom of icky speech?”
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Every observation of history inspires a confidence that we shall not go far wrong; that things will mend.
Ralph Waldo Emerson (1803-1882) American essayist, lecturer, poet
“The Young American,” lecture, Mercantile Library Association, Boston (1844-02-07)
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