I take judge-made law as one of the existing realities of life.
The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
There is in each of us a stream of tendency, whether you choose to call it philosophy or not, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals.
History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.
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