“nothing but confusion of thought can result from assuming that the rights of man in a moral sense are equally rights in the sense of the Constitution and the law.” ~ Oliver Wendall Holmes Jr. in The Path of the Law, 1897.
And because Professor Kerr asked for it (actually it’s a really great quote for philosophical materialists like me!) …
“The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified” ~ Southern Pacific Company v. Jensen 244 U.S. 205, 222 (1917) Holmes, J., dissenting; opinion published (21 May 1917).

