Jurisprudence Quotes
The appearance in nineteenth-century psychiatry, jurisprudence, and literature of a whole series of discourses on the species and subspecies of homosexuality, inversion, pederasty, and "psychic hermaphroditism" made possible a strong advance of social controls into this area of "perversity"; but it also made possible the formation of a "reverse" discourse: homosexuality began to speak in its own behalf, to demand that its legitimacy or "naturality" be acknowledged, often in the same vocabulary, using the same categories by which it was medically disqualified.
Michel Foucault
I find it a sufficient embarrassment that our Establishment Clause jurisprudence regarding holiday displays has come to 'require[e] scrutiny more commonly associated with interior decorators than with the judiciary'. But interior decorating is a rock hard science compared to psychology practiced by amateurs.
Antonin Scalia
Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members.
Antonin Scalia
Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court's two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed ("penalty” means tax, "further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, "established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.
Antonin Scalia
In the disposition of capital cases in the United States, the median elapsed time between sentence and execution is approximately seventeen months. [...] However, even an attorney of moderate talent can postpone doomsday year after year, for the system of appeals that pervades American jurisprudence amounts to a legalistic wheel of fortune [...].
Truman Capote
In the real business of life no one troubles himself much about 'moral titles'. No one would dream of surrendering any practical security, for the advantages of which he is actually in possession, in deference of the a priori jurisprudence of a whole Academy of philosophers.
Robert Gascoyne-Cecil, 3rd Marquess of Salisbury
Before we introduced the testimony of our witnesses, we made them undergo independent verifying tests, including polygraph examination, truth serum and hypnosis. We thought this would be hailed as an unprecedented step in jurisprudence; instead, the press turned around and hinted that we had drugged our witnesses or given them posthypnotic suggestions to testify falsely.
Jim Garrison
From the cradle to the grave all our actions are guided by this principle. Open any book on sociology or jurisprudence, and you will find there the Government, its organization, its acts, filling so large a place that we ome to believe that there is nothing outside the Government and the world of statesmen.
Peter Kropotkin
All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development-in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent God became the omnipotent lawgiver-but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology.
Carl Schmitt
It is well enough to say that we shall be consistent, but consistent with what? . . . The origins of the rule? The course and tendency of development? With logic or philosophy? With the fundamental conceptions of jurisprudence? All these loyalties are possible. All have sometimes prevailed.
Benjamin N. Cardozo
Friendship between those of the same sex attains an erotic tone, which comes into consciousness, and which also occasionally increases to the point of desire. Here, for older medicine, was where pathology began, for older jurisprudence, where criminality began, without providing any reason for either.
Hans Blüher
Since the term command comprises the term law the first is the simpler as well as the larger of the two. But simple as it is, it admits of explanation. And, since it is the key to the sciences of jurisprudence and morals, its meaning should be analyzed with. precision.
John Austin (legal philosopher)
The main Roman contribution to the idea of property lay in the realm of law. Roman jurists were the first to formulate the concept of absolute private ownership, which they called dominium... Roman jurisprudence went to great lengths to stipulate every conceivable nuance of property rights: how acquired and how lost, how transferred, how sold. The rights implicit in dominium were so absolute that ancient Rome knew nothing of eminent domain.
Richard Pipes
