"Certitude is not the test of certainty. We have been cocksure of many things that were not so"
About this Quote
Holmes is taking a scalpel to the most seductive kind of arrogance: the feeling of being right. As a jurist who watched America stagger through civil war, industrial upheaval, and the early shocks of modernity, he understood that certainty often arrives as a sensation before it arrives as truth. The line’s punch comes from its reversal: “certitude” sounds like evidence, but he treats it as a psychological symptom. Confidence is not a credential.
The subtext is legal, but it’s also cultural. Holmes is warning against the courtroom (and national) habit of confusing intensity with accuracy: the louder the conviction, the thinner the proof. That’s not merely personal humility; it’s an argument for institutional restraint. If people and governments have repeatedly been “cocksure” and wrong, then law should be built less like a pulpit and more like a testing ground - skeptical, provisional, alert to unintended consequences.
His diction does double work. “Certitude” carries the polish of philosophy; “cocksure” is blunt, almost rude. Holmes drags lofty certainty down into ordinary bravado, implying that many “principles” are just dressed-up swagger. The second sentence, in the collective “we,” spreads the indictment widely: not just bad actors, but whole societies, majorities, courts.
Context matters: Holmes’s broader project in American jurisprudence favored pragmatism and experience over moral absolutes. This line is the bumper sticker version of that worldview - a reminder that feeling sure is easy, being sure is hard, and the law should never confuse the two without paying a price.
The subtext is legal, but it’s also cultural. Holmes is warning against the courtroom (and national) habit of confusing intensity with accuracy: the louder the conviction, the thinner the proof. That’s not merely personal humility; it’s an argument for institutional restraint. If people and governments have repeatedly been “cocksure” and wrong, then law should be built less like a pulpit and more like a testing ground - skeptical, provisional, alert to unintended consequences.
His diction does double work. “Certitude” carries the polish of philosophy; “cocksure” is blunt, almost rude. Holmes drags lofty certainty down into ordinary bravado, implying that many “principles” are just dressed-up swagger. The second sentence, in the collective “we,” spreads the indictment widely: not just bad actors, but whole societies, majorities, courts.
Context matters: Holmes’s broader project in American jurisprudence favored pragmatism and experience over moral absolutes. This line is the bumper sticker version of that worldview - a reminder that feeling sure is easy, being sure is hard, and the law should never confuse the two without paying a price.
Quote Details
| Topic | Truth |
|---|---|
| Source | Help us find the source |
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