What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws, and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there, it needs no constitution, no law, no court to save it.
I like Judge Learned Hand, but I think this particular quote is just Deep Wisdom. Living in a pleasant society requires both good laws and good people. There is very little substantive content in LH’s oratory. He could just as easily have made the opposite point:
What does it mean to strive for fairness or impartiality? I often wonder whether we do not rest our hopes too much upon virtue, upon self-discipline, and upon honor. These are false hopes; believe me, these are false hopes. Justice is simply a matter of fair play; when the rules are made to be broken, no amount of personal virtue can keep a man from temptation, and when the rules are honestly followed by one’s peers, no special virtue is needed to join them.
There are people in the real world who think that having a good enough decision-making process for making moral decisions (like deciding the right result in litigation) ensures a morally upright decision.
Up to this point, decision-making procedures have always been implemented by humans, so the quality of the decision-making process is not enough to ensure that a morally upright decision will be made. The better guarantee of morally upright decision-making is morally upright decision-makers.
Judge Learned Hand
I like Judge Learned Hand, but I think this particular quote is just Deep Wisdom. Living in a pleasant society requires both good laws and good people. There is very little substantive content in LH’s oratory. He could just as easily have made the opposite point:
I like the quote, but I don’t see how it relates to rationality.
There are people in the real world who think that having a good enough decision-making process for making moral decisions (like deciding the right result in litigation) ensures a morally upright decision.
Up to this point, decision-making procedures have always been implemented by humans, so the quality of the decision-making process is not enough to ensure that a morally upright decision will be made. The better guarantee of morally upright decision-making is morally upright decision-makers.