Jurisprudence Quotes - page 2
It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission; but it may, if it thinks proper, waive this privilege, and permit itself to be made a defendant in a suit by individuals, or by another State.
Roger B. Taney
It is not calling the landed estates, possessed by old prescriptive rights, the 'accumulations of ignorance and superstition', that can support me in shaking that grand title, which supersedes all other title, and which all my studies of general jurisprudence have taught me to consider as one principal cause of the formation of states; I mean the ascertaining and securing prescription. But these are donations made in 'ages of ignorance and superstition.'
Edmund Burke
We can and must deter terror; we can and must conduct surveillance; we can and must find terror cells and plotters; and we need to fight them aggressively in the battlefield abroad and prosecute them carefully under the law if they are citizens at home. But the zeal and arrogance of Bush and Cheney have done this at the expense of the heart and soul of Western jurisprudence and constitutional liberty. They must not get away with it. Our inheritance is too precious to squander in a fit of panic, sadism and hubris.
Andrew Sullivan
Because a judgement on the truth or error of the differing convictions in law is impossible, and because on the other hand a uniform law for all citizens is necessary, the law-giver faces the task of cleaving with a stroke of the sword the Gordian knot which jurisprudence cannot untangle. Since it is impossible to ascertain what is just, it must be decided what is lawful. In lieu of an act of truth (which is impossible) an act of authority is required. Relativism leads to positivism.
Gustav Radbruch
Do we really believe in a culture of death? Absolutely not. We believe in the culture of martyrdom. Martyrdom is valuable, sacred, respectable, and great, not something that can be used as an accusation. It is an honor for us to be accused of believing in the culture of martyrdom. What is martyrdom? It is death for the sake of Allah, and in defense of what is just.... Hizbullah, when it comes to matters of jurisprudence pertaining to its general direction, as well as to its Jihad direction, based itself on the decisions of the Jurisprudent. It is the Jurisprudent who permits, and it is the Jurisprudent who forbids. When the resistance of Hizbullah was launched in 1982, it was based on the jurisprudent position and decision of Imam Khomeini, who deemed fighting Israel to be an obligation, and therefore, we adhered to this opinion.... Even with regard to martyrdom operation – a person cannot kill himself unless he has jurisprudent permission.
Naim Qassem
Mr. President, barely half a year after the controversial Supreme Court decision scrapping the pork barrel system in the national budget, the equally contentious jurisprudence on the Disbursement Acceleration Program, a. k. a. the infamous DAP, emerged out of the hallowed chambers of the highest court in the land.
Francis Escudero
I thank the Supreme Court magistrates for affirming the TRO. This confirms that Senator Grace Poe remains a candidate for president and whose name stays on the official ballot, notwithstanding the orchestrated efforts to disqualify her. We hope that the high court will also uphold the laws and long established jurisprudence when it decides on the other petitions in connection with the candidacy of Senator Grace.
Francis Escudero
The COMELEC decision is both unfortunate and wrong. It ignored jurisprudence and interpreted the law to render injustice rather than justice. We will, nevertheless, follow the process and keep our faith in the justice system. I firmly believe that Senator Grace (Poe) will prevail in the end.
Francis Escudero
The story is told of the elderly judge who, looking back over a long career, observes with satisfaction that, when I was young, I probably let stand some convictions that should have been overturned, and when I was old I probably set aside some that should have stood; so overall, justice was done. I sometimes think that is an appropriate analogy to this Court's constitutional jurisprudence, which alternately creates rights that the Constitution does not contain and denies rights that it does. Compare Roe v. Wade, 410 U.S. 113 (1973) (right to abortion does exist) with Maryland v. Craig, 497 U.S. 836 (1990) (right to be confronted with witnesses, U.S. Const., Amdt. 6, does not).
Antonin Scalia
The U.S. government directed, as Craig Murray so eloquently documented, the London prosecutor James Lewis... It was judicial pantomime. Lewis and the judge insisted they were not attempting to criminalize journalists and muzzle the press while they busily set up the legal framework to criminalize journalists and muzzle the press. And that is why the court worked so hard to mask the proceedings from the public, limiting access to the courtroom to a handful of observers and making it hard and at times impossible to access the trial online. It was a tawdry show trial, not an example of the best of English jurisprudence but the Lubyanka.
Chris Hedges
I come now to the question of reparation. Are the terms we have imposed unjust to Germany? If the whole cost of the War, all the costs incurred by every country that has been forced into war by the action of Germany, had been thrown upon Germany, it would have been in accord with every principle of civilised jurisprudence in the world. There was but one limit to the justice and the wisdom of the reparation we claimed, and that was the limit of Germany's capacity to pay. ... Is there anything unjust in imposing upon Germany those payments? I do not believe anyone could claim it to be unjust. Certainly no one could claim that it was unjust unless he believed that the justice of the War was on the side of Germany.
David Lloyd George
The government of England is a government of law. We betray ourselves, we contradict the spirit of our laws, and we shake the whole system of English jurisprudence, whenever we entrust a discretionary power over the life, liberty, or fortune of the subject to any man, or set of men, whatsoever, upon a presumption that it will not be abused.
Junius
I will clarify a distinction that I consider fundamental to political ecology. I shall distinguish the environment as commons from the environment as resource. On our ability to make this particular distinction depends not only the construction of a sound theoretical ecology, but also - and more importantly - effective ecological jurisprudence.
Ivan Illich
In generating the first ever systematic account of the market mechanism in commercial society, Smith's political economy drew not only on his critical reflections of the unsytematic nature of earlier economic writing, but equally on his didactic revisions of earlier natural law and natural jurisprudence traditions as well as the empirically suggestive but unsystematic historical inductive method of tracing the progress of civil society previously introduced by thinkers such as the great Montesquieu. These revisions can be linked directly to Smith's political thinking. It may be questioned whether Adam Smith can be said to have developed a political theory. Certainly, it has been and yet remains a subject of debate. Unquestionably, however, Smith isolated important political concerns and made political conceptual contributions which he linked systematically to his theory of commercial society and the conduct of the market.
Adam Smith
