Law Quotes - page 92
Even the ministers of religion were not exempt from this cruel necessity. While they warned their flocks against the love of money, regard for their families compelled them to keep an outlook for the pecuniary prizes of their calling. Poor fellows, theirs was indeed a trying business, preaching to men a generosity and unselfishness which they and everybody knew would, in the existing state of the world, reduce to poverty those who should practice them, laying down laws of conduct which the law of self-preservation compelled men to break.
Edward Bellamy
In your day fully nineteen twentieths of the crime, using the word broadly to include all sorts of misdemeanors, resulted from the inequality in the possessions of individuals; want tempted the poor, lust of greater gains, or the desire to preserve former gains, tempted the well-to-do. Directly or indirectly, the desire for money, which then meant every good thing, was the motive of all this crime, the taproot of a vast poison growth, which the machinery of law, courts, and police could barely prevent from choking your civilization outright.
Edward Bellamy
Beyond the discrepant local sympathies of these careers – with their splay of temporary identities: Conservative, Zionist, Nazi, Old Whig – they reflected a common theoretical calling. [...] In Schmitt's own writing, the obscure figure assumes various – typically oblique – historical guises, as political or juridical restrainer in different epochs. But the Stygian cap fits the collective effort of this cluster of thinkers. For these were indeed constructions designed to hold something back. What they all in the end sought to restrain was the risks of democracy – seen and feared through the prisms of their theories of law, as the abyss of its absence: to misterion tes anomias, the mystery of lawlessness.
Perry Anderson
Welcoming Hegel's idea of reconciliation as akin to his own enterprise of public reason, Rawls drew the line at his vision of the international realm as a domain of violence and anarchy, in which contention between sovereign states was bound to be regulated by war. Habermas's gesture enlisted Hegel, on the contrary, as a patron of cosmopolitan peace. The first could not square his Law of Peoples with the lawlessness of Hegel's states, the second could only enrol Hegel for pacific progress by turning him philosophically inside out. Bobbio, by contrast, could take the measure of Hegel's conception of world history, as a ruthless march of great powers in which successive might founds overarching right, and invoke it in all logic to justify his approval of American imperial violence. Law was born of force, and the maxim of the conqueror – prior in tempore, potior in jure.
Perry Anderson
The aim of life was meat. Life itself was meat. Life lived on life. There were the eaters and the eaten. The law was: EAT OR BE EATEN. He did not formulate the law in clear, set terms and moralise about it. He did not even think the law; he merely lived the law without thinking about it at all.
Jack London
Thomas [...] could offer no proof of it, but he could assume as probable a plan of good which became the more perfect for the very reason that it allowed great liberty in detail.
One hardly feels Saint Thomas here in all his force. He offers suggestion rather than proof;- apology, the weaker because of obvious effort to apologise, rather than defence, for infinite Goodness, Justice and Power; [...] but at all events society has never done better by way of proving its right to enforce morals, or unity of opinion. Unless it asserts law, it can only assert force.
Henry Adams
Abélard would find most of his old problems sensitive to his touch today. Time has settled few or none of the essential points of dispute. Science hesitates, more visibly than the Church ever did, to decide once for all whether Unity or Diversity is ultimate law; whether order or chaos is the governing rule of the Universe, if Universe there is; whether anything except phenomena exists. Even in matters more vital to society, one dares not speak too loud. Why, and for what, and to whom, is man a responsible agent? Every jury and judge, every lawyer and doctor, every legislator and clergyman has his own views, and the law constantly varies. Every nation may have a different system. One court may hang, and another may acquit for the same crime, on the same day; and Science only repeats what the Church said to Abélard, that where we know so little, we had better hold our tongues.
Henry Adams
The convulsive hold which Mary to this day maintains over human imagination,- as you can see at Lourdes,- was due much less to her power of saving soul or body than to her sympathy with people who suffered under law,- divine or human,- justly or unjustly, by accident or design, by decree of God or by guile of Devil. She cared not a straw for conventional morality, and she had no notion of letting her friends be punished, to the tenth or any other generation, for the sins of their ancestors or the peccadillos of Eve.
Henry Adams
The English themselves hardly conceived that their mind was either economical, sharp, or direct; but the defect that most struck an American was its enormous waste in eccentricity. Americans needed and used their whole energy, and applied it with close economy; but English society was eccentric by law and for sake of the eccentricity itself.The commonest phrase overheard at an English club or dinner-table was that So-and-So "is quite mad." It was no offence to So-and-So; it hardly distinguished him from his fellows; and when applied to a public man, like Gladstone, it was qualified by epithets much more forcible. Eccentricity was so general as to become hereditary distinction. It made the chief charm of English society as well as its chief terror.
Henry Adams
Simple-minded beyond the experience of Wall Street or State Street, he resorted, like most men of the same intellectual calibre, to commonplaces when at a loss for expression: "Let us have peace!" or, "The best way to treat a bad law is to execute it"; or a score of such reversible sentences generally to be gauged by their sententiousness.
Henry Adams
Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are non-conforming victims of prejudice and public excitement...No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution - of whatever race, creed, or persuasion.
Hugo Black
Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law.
Hugo Black
Bad men, like good men, are entitled to be tried and sentenced in accordance with law, and when it is shown to us that a person is serving an illegal sentence our obligation is to direct that proper steps be taken to correct the wrong done, without regard to the character of a particular defendant or to the possible effect on others who might also want to challenge the legality of their sentences as they have the right to do 'at any time' under Rule 35. If it has any relevance at all, the fact that there may be other prisoners in this country's jails serving illegal sentences would seem to me to make it all the more imperative that we grant appropriate relief in this case rather than search for some obviously dubious excuse to deny this petitioner's claim.
Hugo Black
