Frases de Oliver Wendell Holmes (filho)

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Oliver Wendell Holmes (filho)

Data de nascimento: 8. Março 1841
Data de falecimento: 6. Março 1935

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Oliver Wendell Holmes , jurista americano da Suprema Corte dos Estados Unidos da América chamado frequentemente de “o grande dissonante”; filho de "Oliver Wendell Holmes,".

Citações Oliver Wendell Holmes (filho)

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„The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.“

— Oliver Wendell Holmes Jr.
Context: When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.

„As for us, our days of combat are over.“

— Oliver Wendell Holmes Jr.
Context: As for us, our days of combat are over. Our swords are rust. Our guns will thunder no more. The vultures that once wheeled over our heads must be buried with their prey. Whatever of glory must be won in the council or the closet, never again in the field. I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top. [http://people.virginia.edu/~mmd5f/holmesfa.htm "The Soldier's Faith" Memorial Day address at Harvard University (30 May 1895)].

„I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top.“

— Oliver Wendell Holmes Jr.
Context: As for us, our days of combat are over. Our swords are rust. Our guns will thunder no more. The vultures that once wheeled over our heads must be buried with their prey. Whatever of glory must be won in the council or the closet, never again in the field. I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top. [http://people.virginia.edu/~mmd5f/holmesfa.htm "The Soldier's Faith" Memorial Day address at Harvard University (30 May 1895)].

„Three generations of imbeciles are enough.“

— Oliver Wendell Holmes Jr.
Context: We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.... Three generations of imbeciles are enough. U.S. Supreme Court rationale for sterilizing the "unfit." Buck v. Bell, 274 U.S. 200, 207 (1927) (endorsing Virginia's eugenics program).

„We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices“

— Oliver Wendell Holmes Jr.
Context: We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind.... Three generations of imbeciles are enough. U.S. Supreme Court rationale for sterilizing the "unfit." Buck v. Bell, 274 U.S. 200, 207 (1927) (endorsing Virginia's eugenics program).

Publicidade

„Through our great good fortune, in our youth our hearts were touched with fire.“

— Oliver Wendell Holmes Jr.
Context: We know that, if the armies of our war did anything worth remembering, the credit belongs not mainly to the individuals who did it, but to average human nature. We also know very well that we cannot live in associations with the past alone, and we admit that, if we would be worthy of the past, we must find new fields for action or thought, and make for ourselves new careers. But, nevertheless, the generation that carried on the war has been set apart by its experience. Through our great good fortune, in our youth our hearts were touched with fire. It was given to us to learn at the outset that life is a profound and passionate thing. While we are permitted to scorn nothing but indifference, and do not pretend to undervalue the worldly rewards of ambition, we have seen with our own eyes, beyond and above the gold fields, the snowy heights of honor, and it is for us to bear the report to those who come after us.

„When we study law we are not studying a mystery but a well-known profession.“

— Oliver Wendell Holmes Jr.
Context: When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.

„If you want to know the law and nothing else, you must look at it as a bad man“

— Oliver Wendell Holmes Jr.
Context: If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.

„We see what you are driving at, but you have not said it, and therefore we shall go on as before.“

— Oliver Wendell Holmes Jr.
Context: 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 you have not said it, and therefore we shall go on as before. Johnson v. United States, 163 F. 30 (1st Cir. 1908) (Justice Holmes sitting by designation as a judge of the First Circuit).

Publicidade

„Lawyers spend their professional careers shoveling smoke.“

— Oliver Wendell Holmes Jr.
Attributed in Watergate and the White House, Volumes 1-2 (1973) by Edward W. Knappman, p. 100; this has also become paraphrased as "Lawyers spend a great deal of their time shoveling smoke".

„The power to tax is not the power to destroy while this Court sits.“

— Oliver Wendell Holmes Jr.
[http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=oyez&court=us&vol=277&invol=218 Panhandle Oil Co. v. Mississippi ex rel. Knox], 277 U.S. 233 (1928).

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