I wrote somewhere once that the third-rate mind was only happy when it was thinking with the majority, the second-rate mind was only happy when it was thinking with the minority, and the first-rate mind was only happy when it was thinking. With equal truth it may be said that a first-rate mind is not one which does not remember the past, nor is it one which cannot forget the past; it is a mind which will use the past but not be ordered by it. It is a mind independent of everybody and everything but the facts in front of it. It is as little perturbed to find itself sharing a thought with the simple as it is elated to find itself sharing a thought with the subtle.
A. A. Milne (1882-1956) English poet and playwright [Alan Alexander Milne]
War with Honour, Macmillan War Pamphlets, Issue 2 (1940)
(Source)
Milne wrote this work in repudiation (or perhaps emendation) of his 1934 book, Peace with Honour, which argued that, given the tragedy of World War 1, that similar saber-rattling about the rise of Hitler's Germany was irresponsible and immoral. Having seen the course of fascism in the first years of World War 2, while still espousing pacifist principles, he saw Hitler as an evil that must be defeated.
Quotations about:
precedent
Note not all quotations have been tagged, so Search may find additional quotes on this topic.
At least let no one argue that, because an abuse cannot be suppressed without injuring those who profit from it, the fact that it has existed for a time gives it the right to last forever.
[À moins qu’on ne prétende que, parce qu’un abus ne peut être détruit sans froisser ceux qui en profitent, il suffit qu’il existe un moment pour qu’il doive durer toujours.]
Frédéric Bastiat (1801-1850) French philosopher, economist, politician
Economic Sophisms [Sophismes Économiques], 1st Series, ch. 20 “Human Labor, National Labor [Travail Humain, Travail National]” (1845) [tr. Goddard (1964)]
(Source)
See Heinlein (1939).
(Source (French)). Other translations:It is a rather singular argument to maintain that, because an abuse which has been permitted a temporary existence, cannot be corrected without wounding the interests of those who have profited by it, it ought, therefore, to claim perpetual duration.
[tr. McCord (1848)]At all events, let no one pretend that because an abuse cannot be done away with, without inconvenience to those who profit by it, what has been suffered to exist for a time should be allowed to exist for ever.
[tr. Stirling (1873)]
Grown men, he told himself, in flat contradiction of centuries of accumulated evidence about the way grown men behave, do not behave like this.
Douglas Adams (1952-2001) English author, humorist, screenwriter
Hitchhiker’s Guide No. 4, So Long, and Thanks for All the Fish, ch. 11 [Arthur] (1984)
(Source)
The past is rich in lessons from which we would greatly profit except that the present is always so full of Special Circumstances.
Mignon McLaughlin (1913-1983) American journalist and author
The Neurotic’s Notebook, ch. 10 (1963)
(Source)
The same past data can confirm a theory and its exact opposite! If you survive until tomorrow, it could mean that either a) you are more likely to be immortal or b) that you are closer to death. Both conclusions rely on the exact same data.
Nassim Nicholas Taleb (b. 1960) Lebanese-American essayist, statistician, risk analyst, aphorist
The Black Swan, Part 2, ch. 11 “How to Look for Bird Poop” (2007)
(Source)
PRECEDENT, n. In Law, a previous decision, rule or practice which, in the absence of a definite statute, has whatever force and authority a Judge may choose to give it, thereby greatly simplifying his task of doing as he pleases. As there are precedents for everything, he has only to ignore those that make against his interest and accentuate those in the line of his desire.
Ambrose Bierce (1842-1914?) American writer and journalist
“Precedent,” The Devil’s Dictionary (1911)
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Originally published in the "Cynic's Word Book" column in the New York American (1906-04-06), and the "Cynic's Dictionary" column in the San Francisco Examiner (1906-04-11).
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)
(Source)
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)
(Source)
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)]
(Source)
(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)
(Source)
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]
(Source)
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)
(Source)
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)
(Source)
A great part of courage is the courage of having done the thing before.
Ralph Waldo Emerson (1803-1882) American essayist, lecturer, poet
Essay (1860), “Culture,” The Conduct of Life, ch. 4
(Source)
Based on a course of lectures by that name first delivered in Pittsburg (1851-03).
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)]
(Source)
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]
The most absurd customs and the most ridiculous ceremonies are everywhere excused by an appeal to the phrase, but that’s the tradition. This is exactly what the Hottentots say when Europeans ask them why they eat grasshoppers and devour their body lice. That’s the tradition, they explain.
[Les coutumes les plus absurdes, les étiquettes les plus ridicules, sont en France et ailleurs sous la protection de ce mot: c’est l’usage. C’est précisément ce même mot que répondent les Hottentots, quand les Européens leur demandent pourquoi ils mangent des sauterelles, pourquoi ils dévorent la vermine dont ils sont couverts. Ils disent aussi: c’est l’usage.]
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. 3, ¶ 249 (1795) [tr. Mathers (1926)]
(Source)
(Source (French)). Alternate translations:The most absurd conventions, the most ridiculous formalities enjoy in France and elsewhere the protection of the phrase, "It's the custom.” It is the very phrase with which the Hottentots answer when the Europeans ask them why they eat grasshoppers, why they devour the vermin that crawl on them. They too say, “It’s the custom.”
[tr. Merwin (1969)]The most absurd habits, the most ridiculous matters of etiquette enjoy in France and elsewhere the protection afforded by this phrase: "It is the custom." It is precisely this phrase which Hottentots produce when Europeans ask them why they eat grasshoppers, and why they devour the vermin with which they are infested. They also say: "It is the custom."
[tr. Pearson (1973)]The most absurd customs, the most ridiculous etiquettes, are in France and elsewhere under the protection of this phrase: That's how things are. That is precisely the phrase that Hottentots say when Europeans ask them why they eat locusts; why they consume the vermin that they are covered in. They saÿ: "That's how things are."
[tr. Siniscalchi (1994)]In France and elsewhere, the most absurd customs and protocol are justified by the statement "It's always been done like that." That's exactly what Hottentots tell Europeans when asked why they feed on locusts or the vermin on their bodies: "It's what we've always done."
[tr. Parmée (2003), ¶161]
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)
(Source)
Referring to the period leading up to the 2008 financial crisis.
After a survey of all our civil wars, with a wealth of detail you urged the Senate, while they feared the warnings of the civil wars within their memory, to draw the inference that, as the earlier combatants had shown a ruthlessness hitherto quite unprecedented in the Republic, so whosoever should subsequently succeed in crushing the Republic by force of arms would display a tyranny far more intolerable. For men assume that what is done by precedent is also done by right; but they add to that precedent and contribute to it something, nay rather, a great deal of their own.
[Accuratissime monuisti senatum conlectis omnibus bellis civilibus, ut et illa timerent, quae meminissent, et scirent, cum superiores nullo tali exemplo antea in re publica cognito tam crudeles fuissent, quicumque postea rem publicam oppressisset armis, multo intolerabiliorem futurum. nam, quod exemplo fit, id etiam iure fieri putant, ipsi aliquid atque adeo multa addunt et adferunt de suo.]
Marcus Tullius Cicero (106-43 BC) Roman orator, statesman, philosopher
Epistulae ad Familiares [Letters to Friends], Book 4, Letter 3, sec. 1 (4.3.1), to Servius Sulpitas Rufus (46 BC ) [tr. Williams (Loeb) (1928)]
(Source)
(Source (Latin)). Alternate translation:You admonished the Senate, to take heed, by the calamities that were past: and to thinke how much more intollerable those would be, which oppressed the Country in these times, seeing they had beene so cruell, who oppressed it heretofore, having thereof no former president or example: in that men, doe usually thinke, that they may in all reason doe, what they have example for; nay, and to doe worse, then their president allowes.
[tr. Webbe (1620)]You prudently endeavoured to awaken our fears, by enumerating those civil wars that had happened within our own memories. And if the authors of these, you told the house, unsupported by a single example of the same kind to give a colour to their conduct, had exercised such dreadful cruelties; whoever in future times should successfully turn his arms against the republic, would most assuredly prove a much more intolerable tyrant. For they that act by precedent, you observed, generally think they act by right: and in cases of this nature seldom fail of iimproving on their model.
[tr. Melmoth (1753), 9.1; (1814 ed) # 106]You warned the senate in the most impressive terms, both to fear those they remembered, and to feel assured, since the last generation had been so cruel -- to an extent up to that time unprecedented in the Republic -- that whoever thenceforth overpowered the Republic by arms would be much more difficult to endure. For what is done on a precedent, they Consider as even legally justifiable: but they add and Contribute something, or rather a great deal, of their own to it.
[tr. Shuckburgh (1899), # 492]
Using the shorter, more commonly quoted Quod exemplo fit, id etiam jure fieri putant, there are two common translations used in various sources:Men think they may justly do that for which they have a precedent.
[E.g. (1882)]What is shown by example, men think they may justly do.
[E.g. (1937)]
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
Speech (1897-01-18), “The Path of the Law,” Supreme Judicial Court of Massachusetts
(Source)
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)
(Source)
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)
(Source)
Nothing is so contagious as an example, and our every really good or bad action inspires a similar one.
[Rien n’est si contagieux que l’exemple, et nous ne faisons jamais de grands biens ni de grands maux qui n’en produisent de semblables.]
François VI, duc de La Rochefoucauld (1613-1680) French epigrammatist, memoirist, noble
Réflexions ou sentences et maximes morales [Reflections; or Sentences and Moral Maxims], ¶230 (1665-1678) [tr. Tancock (1959)]
(Source)
In the manuscript and 1665 ed., this concluded "... nor are there any great evils that do not inevitably produce their like [ni de grands maux qui ne produisent infailliblement leurs pareils]."
(Source (French)). Other translations:There is not any thing so contagious as Example, and whatever actions are done remarkable either for their Goodness or Mischief, they are Patterns to others to do the like.
[tr. Davies (1669), ¶48]Nothing is of so pestilent spreading a Nature, as Example; and no Man does any exceeding good, or very wicked thing; but it produces others of the same kind.
[tr. Stanhope (1694), ¶231]Nothing is so contagious as example: never is any considerable good or ill done that does not produce its like.
[pub. Donaldson (1783), ¶122; ed. Lepoittevin-Lacroix (1797), ¶219]Nothing is so contagious as example. Never was there any considerable good or ill action, that hath not produced its like.
[ed. Carvill (1835), ¶469]Nothing is so contagious as example; and we never do any great good or great evil which does not produce its like.
[ed. Gowens (1851), ¶241]Nothing is so infectious as example, and we never do great good or evil without producing the like.
[tr. Bund/Friswell (1871), ¶230]Nothing is as contagoius as example. Each of our very good or very bad acts reproduces itself.
[tr. Heard (1917), ¶237]Nothing is so contagious as example, and all our very good or bad deeds beget their like.
[tr. Stevens (1939), ¶230]Nothing is as contagious as example, and we never perform an outstandingly good or evil action without its producing others of its sort.
[tr. FitzGibbon (1957), ¶230]Nothing is so contagious as example, and we never commit good or evil acts without their propagating themselves.
[tr. Kronenberger (1959), ¶230]Nothing is so contagious as example, and we never do either great good nor great evil without producing the like.
[tr. Whichello (2016) ¶230]
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?”
(Source)
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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