Law Quotes - page 97
But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principles of racial discrimination in criminal procedure, and of transplanting American citizens. The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking, and expands it to new purposes.
Robert H. Jackson
Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done.
Robert H. Jackson
My philosophy has been and continues to be that [the Court] cannot and should not try to seize the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construction. While the line to be drawn between interpretation and legislation is difficult, and numerous dissents turn upon it, there is a limit beyond which the Court incurs the just charge of trying to supersede the law-making branches. Every Justice has been accused of legislating and every one has joined in that accusation of others. When the Court has gone too far, it has provoked reactions which have set back the cause it is designed to advance and has sometimes called down upon itself severe rebuke.
Robert H. Jackson
He loved his profession, he had a real sense of dedication to the administration of justice, he held his head high as a lawyer, he rendered and exacted courtesy, honor and straightforwardness at the Bar. He respected the judicial office deeply, demanded the highest standards of competence and disinterestedness and dignity, despised all political use of or trifling with judicial power, and had an affectionate regard for every man who filled the exacting prescription of the just judge. The law to him was like a religion, and its practice was more than a means of support; it was a mission. He was not always popular in his community, but he was respected. Unpopular minorities and individuals often found in him their only mediator and advocate. He was too independent to court the populace - he thought of himself as a leader and lawgiver, not a mouthpiece.
Robert H. Jackson
The profit motive should not be confused with the profit system. By the profit system, of course, we mean the institution of private property in capital goods and the free private enterprise that goes along with it. There is no reason why the "profit motive" should be necessarily connected with the profit system. In a profit system there is nothing to prevent anyone acting on altruistic lines; there is no law that says a businessman must maximize his profits. If a businessman chose to operate with outputs, prices, and wages that yielded him a smaller profit than the maximum, but which he felt were socially more desirable, there is nothing in the profit system that would prevent him from doing this. Nothing in the profit system would prevent the most ardent liberal from refusing an increase in wages, or from accepting an unpleasant and poorly paid job. At the other extreme, there is nothing in a communist system that would do away with the profit motive, or the "advantage motive."
Kenneth Boulding
We face the dilemma... that if everyone gets his deserts, some may be driven from the table: and if everyone comes to the table, some may not get their deserts. In practice, this seems to be resolved by the establishment of a social minimum as reflected for instance, in the poor law, in social security and various welfare services. The principle of desert come into play above this social minimum. That is to say, society lays a modest table at which all can sup and a high table at which the deserving can feast.
Kenneth Boulding
There is a kind of second law of cultural dynamics which states simply that when anything has been done, it cannot be done again. In other words, we start off any system with a potential for novelty which is gradually exhausted. We see this in every field of human life, in the arts as well as the sciences. Once Beethoven has written the Ninth Symphony, nobody else can do it. Consequently, we find that in any evolutionary process, even in the arts, the search for novelty becomes corrupting. The "entropy trap" is perhaps the most subtle and the most fundamental of the obstacles toward realising the developed society...
Kenneth Boulding
Why, the very first act of the State, the compulsory assessment and collection of taxes, is itself an aggression, a violation of equal liberty, and, as such, initiates every subsequent act, even those acts which would be purely defensive if paid out of a treasury filled by voluntary contributions. How is it possible to sanction, under the law of equal liberty, the confiscation of a man's earnings to pay for protection which he has not sought and does not desire? And, if this is an outrage, what name shall we give to such confiscation when the victim is given, instead of bread, a stone, instead of protection, oppression? To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury. But that is exactly what the State is doing.
Benjamin Tucker
This province of Quebec is catholic and French and shall remain catholic and French. All the while asserting our friendship and our respect for the representatives of the other races and religions, all the while claiming our eagerness for giving them their fair share in every aspect [...] we solemnly declare that we shall never renounce our rights that are garanteed by treatees, by law and by the constitution [...] Let us cease our fratricidal struggles and let us unite!
Honoré Mercier
33 years ago I pleaded guilty, and I served time at the prison for common law crimes at Chino, not in a VIP prison. That period was to have covered the totality of my sentence. By the time I left prison, the judge had changed his mind and claimed that the time served at Chino did not fulfil the entire sentence, and it is this reversal that justified my leaving the United States.
Roman Polański
"Today we have a very important case for the choice between obedience and disobedience because the nuclear arms race could lead to the most terrible war there has ever been, reducing Europe to complete destruction. Perhaps never as today to ‘disobey' is to obey the universal conscience; to disobey the written laws is to obey the unwritten law, which tells us to be united with all being; to disobey the cult of the present empires in the name of the community, which will tomorrow be really of everybody.
Conscientious objection is today evolving from being a personal stand in front of the terrible law to have to * "kill” human beings, to becoming a warning to everybody of the terrible danger of atomic destruction. This is a precise example of a disobedience, which would seem individual, and instead becomes a precious good for everyone.
Aldo Capitini
