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Wednesday, January 15, 2003 You may ask what then will become of the fundamental principles of equity and fair play which our constitutions enshrine; and whether I seriously believe that unsupported they will serve merely as counsels of moderation. I do not think that anyone can say what will be left of those principles; I do not know whether they will serve only as counsels; but this much I think I do know -- that a society so riven that the spirit of moderation is gone, no court can save; that a society where that spirit flourishes, no court need save; that in a society which evades its reponsibility by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish. -- Judge Learned Hand, The Contribution of an Independent Judiciary to Civilization [1942]
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