Deep-seated preferences cannot be argued about — you cannot argue a man into liking a glass of beer — and therefore, when differences are sufficiently far reaching, we try to kill the other man rather than let him have his way. But that is …

Oliver Wendell Holmes
American jurist (1841–1935); US Supreme Court justice from 1902 to 1932
78 pieces
- Lived
- 1841–1935
- Born
- Boston
- Died
- Washington, D.C.
- Nationality
- United States
- Known as
- judge, lawyer, politician, jurist
- Era
- 20th century
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Works (78)
Certitude is not the test of certainty. We have been cocksure of many things that were not so.
Our test of truth is a reference to either a present or an imagined future majority in favor of our view.
There is in all men a demand for the superlative, so much so that the poor devil who has no other way of reaching it attains it by getting drunk.
I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.
I think it not improbable that man, like the grub that prepares a chamber for the winged thing it never has seen but is to be — that man may have cosmic destinies that he does not understand.
As I grow older I grow calm. If I feel what are perhaps an old man's apprehensions, that competition from new races will cut deeper than working men's disputes and will test whether we can hang together or can fight.
Vanity is the most philosophical of those feelings that we are taught to despise. For vanity recognizes that if a man is in a minority of one we lock him up, and therefore longs for an assurance from others that one's work has not been in …
The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.
The character of every act depends upon the circumstances in which it is done.
A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.
The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified; although some decisions with which I have disagreed seem to me to have forgotten the fact.
Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.
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.
Life is action, the use of one's powers. As to use them to their height is our joy and duty, so it is the one end that justifies itself.
Life is a roar of bargain and battle, but in the very heart of it there rises a mystic spiritual tone that gives meaning to the whole. It transmutes the dull details into romance. It reminds us that our only but wholly adequate …
Life is painting a picture, not doing a sum.
Now and then, an extraordinary case may turn up, but constitutional law, like other mortal contrivances, has to take some chances, and in the great majority of instances, no doubt, justice will be done.
The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same, which has been a shibboleth for some well known writers, is interfered with by school laws, by the Post Office, by …
General propositions do not decide concrete cases.
A Constitution is not intended to embody a particular economic theory . . . It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought …
Every opinion tends to become a law.
Even a dog distinguishes between being stumbled over and being kicked.
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 …