Legal Quotes - page 32
The independence of the (legal) profession also ensures that it can take an objective view on issues concerning not only these matters, but also those of wider public concern. In fact, it can only discharge this responsibility to be independent and objective, if it is perceived by society at large to be independent.
Daniel Fatiaki
Libertarianism is not libertinism or hedonism. It is not a claim that "people can do anything they want to, and nobody else can say anything." Rather, libertarianism proposes a society of liberty under law, in which individuals are free to pursue their own lives so long as they respect the equal rights of others. The rule of law means that individuals are governed by generally applicable and spontaneously developed legal rules, not by arbitrary commands; and that those rules should protect the freedom of individuals to pursue happiness in their own ways, not aim at any particular result or outcome.
David Boaz
The belief that torture is always wrong is a prejudice inherited from an obsolete philosophy. We need to shed the belief that human rights are violated when a terrorist is tortured. As Rawls and others have shown, basic freedoms must form a coherent whole. Self-evidently, there can be no right to attack basic human rights. Therefore, once the proper legal procedures are in place, torturing terrorists cannot violate their rights. In fact, in a truly liberal society, terrorists have an inalienable right to be tortured.This is what demonstrates the moral superiority of liberal societies over others, past and present. Other societies have degraded terrorists by subjecting them to lawless and unaccountable power. In the new world that is taking shape, terrorists, although they themselves degrade human rights by practising terrorism, will be afforded the full dignity of due legal process, even while being tortured.
John N. Gray
In the past the mood of the comic postcard could enter into the central stream of literature, and jokes barely different from McGill's could casually be uttered between the murders in Shakespeare's tragedies. That is no longer possible, and a whole category of humour, integral to our literature till 1800 or thereabouts, has dwindled down to these ill-drawn postcards, leading a barely legal existence in cheap stationers' windows. The corner of the human heart that they speak for might easily manifest itself in worse forms, and I for one should be sorry to see them vanish.
Donald McGill
The fate of the Statute of Uses is one of the most curious in legal history. Its secret and unavowed purpose, of securing the estates of the monasteries for the Crown, it accomplished. Its ostensible purpose, fortified by a wealth of hypocritical justification, it entirely failed to achieve. Not only were devises of lands, after a brief interval, put on a legal footing; but, as is well known, uses of lands as distinguished from legal estates, soon re-appeared in full vigour. Whilst in unforeseen directions, that statute worked havoc in the medieval system of conveyancing; and gradually modernized it out of existence.
Edward Jenks
A statute of 1344 shows some weakness; but the statute of 1391 is memorable, not merely as being the Mortmain Code of three centuries, but as extending the rule of mortmain to all bodies, religious and secular alike, having perpetual succession. For this extension marks the definite recognition by English Law of the corporation, or, as it is sometimes called, the 'fictitious person' - the legal personality which is not restricted to the limits of individual life. The gradual evolution of this institution is one of the most fascinating chapters in legal history...
Edward Jenks
We are creating a world where anyone, anywhere may express his or her beliefs, no matter how singular, without fear of being coerced into silence or conformity.
Your legal concepts of property, expression, identity, movement, and context do not apply to us. They are all based on matter, and there is no matter here.
John Perry Barlow
Legally speaking, the term 'public rights' is as vague and indefinite as are the terms 'public health,' 'public good,' 'public welfare,' and the like. It has no legal meaning, except when used to describe the separate, private, individual rights of a greater or less number of individuals.
Lysander Spooner
The mental capacity of a person to make reasonable contracts, is the only criterion, by which to determine his legal capacity to make obligatory contracts. And his mental capacity to make reasonable contracts is certainly not to be determined by the fact that he is, or is not, twenty-one years of age.
Lysander Spooner
It cannot be said that the Constitution formed 'the people of the United States,' for all time, into a corporation. It does not speak of 'the people' as a corporation, but as individuals. A corporation does not describe itself as 'we,' nor as 'people,' nor as 'ourselves.' Nor does a corporation, in legal language, have any 'posterity.'
Lysander Spooner
