Law

3392 quotes found

"For of those to whom much is given, much is required. And when at some future date the high court of history sits in judgment on each of us—recording whether in our brief span of service we fulfilled our responsibilities to the state—our success or failure, in whatever office we hold, will be measured by the answers to four questions:First, were we truly men of courage—with the courage to stand up to one's enemies—and the courage to stand up, when necessary, to one's associates—the courage to resist public pressure, as well as private greed?Secondly, were we truly men of judgment—with perceptive judgment of the future as well as the past—of our mistakes as well as the mistakes of others—with enough wisdom to know what we did not know and enough candor to admit it.Third, were we truly men of integrity—men who never ran out on either the principles in which we believed or the men who believed in us—men whom neither financial gain nor political ambition could ever divert from the fulfillment of our sacred trust?Finally, were we truly men of dedication—with an honor mortgaged to no single individual or group, and comprised of no private obligation or aim, but devoted solely to serving the public good and the national interest?Courage—judgment—integrity—dedication—these are the historic qualities ... which, with God's help ... will characterize our Government's conduct in the four stormy years that lie ahead."

- Responsibility

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"Finally, may I ask, is it possible to stay halfway on the road that leads to total disarmament and the setting up of a League police force? If we contemplate as our ultimate end a League which controls the world’s economic life and the world’s armed forces, then we must say frankly that our ultimate ideal is the creation of nothing less than a World Commonwealth. I think we must make this admission. The establishment of a World Commonwealth is, in the long run, the only alternative to a relapse into a world war. The psychological obstacles are formidable but not insurmountable. There is already a group of nations in the world between whom war may be considered as ruled out forever. Those nations are the British Commonwealth, the United States, and the surviving European democracies. I would add to that group the Soviet Union which, in its international policy, has shown that it is devoted to peace, abhors war, and sincerely believes in the ideal of world union and world cooperation, although it is of the opinion that in the long run such a consummation is impossible without a far-reaching change in the present social order. The democracies stand for a certain view of what constitutes the good life. That view is incompatible with war or with the “totalitarian state”. I do not believe that the values which the Western democracies consider essential to civilization can survive in a world rent by the international anarchy of nationalism and the economic anarchy of competitive enterprise. I think we must get the better of both those forces and subordinate them to the common good through world union on the basis of social justice. I believe that the League of Nations and the International Labor Organization are the instruments to our hand for conceiving and executing such a policy. Today the world is in transition. The vast upheaval of the World War set in motion forces that will either destroy civilization or raise mankind to undreamed of heights of human welfare and prosperity. The policy I have endeavoured to sketch is big, bold, and far-reaching. It will be no light and simple task to lay the foundations of a World Commonwealth. It is, on the contrary, perhaps, the greatest and most difficult enterprise ever imagined by the audacious mind of man. But it is a task which has become a necessity. It is an enterprise that is solidly grounded in realities and in the facts of the modern world. If there is still virtue in our common Western civilization and our faith in democracy – and I believe there is – then we must dare to announce that policy as a challenge to the world and as the summons to a great crusade for peace. What greater cause and what more splendid adventure can be set before the youth of the world than the endeavour to bring into being that age – old dream of saints and sages – the great Commonwealth of the World as the visible embodiment of the brotherhood of man?"

- World government

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"Secondly, there is the further development of the Hague Tribunal, of the work of the conferences and courts at The Hague. It has been well said that the first Hague Conference framed a Magna Charta for the nations; it set before us an ideal which has already to some extent been realized, and towards the full realization of which we can all steadily strive. The second Conference made further progress; the third should do yet more. Meanwhile the American government has more than once tentatively suggested methods for completing the Court of Arbitral Justice constituted at the second Hague Conference and for rendering it effective. It is earnestly to be hoped that the various governments of Europe, working with those of America and of Asia, shall set themselves seriously to the task of devising some method which shall accomplish this result. If I may venture the suggestion, it would be well for the statesmen of the world, in planning for the erection of this world court, to study what has been done in the United States by the Supreme Court. I cannot help thinking that the Constitution of the United States, notably in the establishment of the Supreme Court and in the methods adopted for securing peace and good relations among and between the different states, offers certain valuable analogies to what should be striven for in order to secure, through the Hague courts and conferences, a species of world federation for international peace and justice. There are, of course, fundamental differences between what the United States Constitution does and what we should even attempt at this time to secure at The Hague; but the methods adopted in the American Constitution to prevent hostilities between the states, and to secure the supremacy of the Federal Court in certain classes of cases4, are well worth the study of those who seek at The Hague to obtain the same results on a world scale."

- World government

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"I am aware that when even the brightest mind in our world has been trained up from childhood in a superstition of any kind, it will never be possible for that mind, in its maturity, to examine sincerely, dispassionately, and conscientiously any evidence or any circumstance which shall seem to cast a doubt upon the validity of that superstition. I doubt if I could do it myself. We always get at second hand our notions about systems of government; and high tariff and low tariff; and prohibition and anti-prohibition; and the holiness of peace and the glories of war; and codes of honor and codes of morals; and approval of the duel and disapproval of it; and our beliefs concerning the nature of cats; and our ideas as to whether the murder of helpless wild animals is base or is heroic; and our preferences in the matter of religious and political parties; and our acceptance or rejection of the Shakespeares and the Arthur Ortons and the Mrs. Eddys. We get them all at second hand, we reason none of them out for ourselves. It is the way we are made. It is the way we are all made, and we can't help it, we can't change it. And whenever we have been furnished a fetish, and have been taught to believe in it, and love it and worship it, and refrain from examining it, there is no evidence, howsoever clear and strong, that can persuade us to withdraw from it our loyalty and our devotion. In morals, conduct, and beliefs we take the color of our environment and associations, and it is a color that can safely be warranted to wash. ...It took several thousand years to convince our fine race—including every splendid intellect in it—that there is no such thing as a witch; it has taken several thousand years to convince that same fine race—including every splendid intellect in it—that there is no such person as Satan; it has taken several centuries to remove perdition from the Protestant Church's program of post-mortem entertainments; it has taken a weary long time to persuade American Presbyterians to give up infant damnation and try to bear it the best they can; and it looks as if their Scotch brethren will still be burning babies in the everlasting fires when Shakespeare comes down from his perch. We are The Reasoning Race. We can't prove it by the above examples, and we can't prove it by the miraculous "histories"... I feel that our fetish is safe for three centuries yet."

- World government

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"There can be little question that the attainment of a federation of all humanity, together with a sufficient measure of social justice, to ensure health, education, and a rough equality of opportunity to most of the children born into the world, would mean such a release and increase of human energy as to open a new phase in human history. The enormous waste caused by military preparation and the mutual annoyance of competing great powers, and the still more enormous waste due to the under-productiveness of great masses of people, either because they are too wealthy for stimulus or too poor for efficiency, would cease. There would be a vast increase in the supply of human necessities, a rise in the standard of life and in what is considered a necessity, a development of transport and every kind of convenience; and a multitude of people would be transferred from low-grade production to such higher work as art of all kinds, teaching, scientific research, and the like. All over the world there would be a setting free of human capacity, such as has occurred hitherto only in small places and through precious limited phases of prosperity and security. Unless we are to suppose that spontaneous outbreaks of supermen have occurred in the past, it is reasonable to conclude that the Athens of Pericles, the Florence of the Medici, Elizabethan England, the great deeds of Asoka, the Tang and Ming periods in art, are but samples of what a whole world of sustained security would yield continuously and cumulatively. Without supposing any change in human quality, but merely its release from the present system of inordinate waste, history justifies this expectation."

- World government

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"The great defect of scale, of course, which makes the game interesting — so that the big people don't always win — is that as you get big, you get the bureaucracy. And with the bureaucracy comes the territoriality — which is again grounded in human nature. And the incentives are perverse. For example, if you worked for AT&T in my day, it was a great bureaucracy. Who in the hell was really thinking about the shareholder or anything else? And in a bureaucracy, you think the work is done when it goes out of your in-basket into somebody else's in-basket. But, of course, it isn't. It's not done until AT&T delivers what it's supposed to deliver. So you get big, fat, dumb, unmotivated bureaucracies. They also tend to become somewhat corrupt. In other words, if I've got a department and you've got a department and we kind of share power running this thing, there's sort of an unwritten rule: "If you won't bother me, I won't bother you and we're both happy." So you get layers of management and associated costs that nobody needs. Then, while people are justifying all these layers, it takes forever to get anything done. They're too slow to make decisions and nimbler people run circles around them. The constant curse of scale is that it leads to big, dumb bureaucracy — which, of course, reaches its highest and worst form in government where the incentives are really awful. That doesn't mean we don't need governments — because we do. But it's a terrible problem to get big bureaucracies to behave."

- Bureaucracy

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"Children learn the fundamental principles of natural law at a very early age. Thus they very early understand that one child must not, without just cause, strike or otherwise hurt, another; that one child must not assume any arbitrary control or domination over another; that one child must not, either by force, deceit, or stealth, obtain possession of anything that belongs to another; that if one child commits any of these wrongs against another, it is not only the right of the injured child to resist, and, if need be, punish the wrongdoer, and compel him to make reparation, but that it is also the right, and the moral duty, of all other children, and all other persons, to assist the injured party in defending his rights, and redressing his wrongs. These are fundamental principles of natural law, which govern the most important transactions of man with man. Yet children learn them earlier than they learn that three and three are six, or five and five ten. Their childish plays, even, could not be carried on without a constant regard to them; and it is equally impossible for persons of any age to live together in peace on any other conditions.It would be no extravagance to say that, in most cases, if not in all, mankind at large, young and old, learn this natural law long before they have learned the meanings of the words by which we describe it. In truth, it would be impossible to make them understand the real meanings of the words, if they did not understand the nature of the thing itself. To make them understand the meanings of the words justice and injustice before knowing the nature of the things themselves, would be as impossible as it would be to make them understand the meanings of the words heat and cold, wet and dry, light and darkness, white and black, one and two, before knowing the nature of the things themselves. Men necessarily must know sentiments and ideas, no less than material things, before they can know the meanings of the words by which we describe them."

- Natural law

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"I never allow my construction of a plain enactment to be biassed in the slightest degree by any number of judicial decisions or dicta as to its meaning, when those decisions or dicta are not actually binding upon me. I read the Act for myself. If I think it clear I express my opinion about its meaning, as I consider I am bound to do. Of course, if other Judges have expressed different views as to the construction, and their decisions are binding on this Court, this Court has simply to bow and submit, whatever its own opinion may be. But when there is no such binding decision, in my view a Judge ought not to allow himself to be biassed in the construction of a plain Act of Parliament (for it appears to me to be plain) by any number of dicta or decisions which are not binding on him. The Judge ought with all due respect to examine into them, but he must not allow any number of dicta, or even decisions which are not binding on him, to affect his judgment, except in one peculiar case. That case is peculiar, and therefore I will mention it. Where a series of decisions in inferior Courts have put a construction on an Act of Parliament, and thus have made a law which men follow in their daily dealings, it has been held, even by the House of Lords, that it is better to adhere to the course of the decisions than to reverse them, because of the mischief which would result from such a proceeding. Of course, that requires two things, antiquity of decision, and the practice of mankind in conducting their affairs."

- Dictum

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"The solitude of my walk led me into a train of reflections on that unequal division of property which occasions the numberless instances of wretchedness which I had observed all over Europe. The property of this country is absolutely concentrated in a very few hands... These employ the flower of the country as servants... They employ also a great number of manufacturers and tradesmen, and lastly the class of laboring husbandmen. But after all there comes the most numerous of all classes, that is the poor who cannot find work. I asked myself what could be the reason that so many should be permitted to beg who are willing to work, in a country where there is a very considerable proportion of uncultivated lands? ...I am conscious that an equal division of property is impracticable. But the consequences of this enormous inequality producing so much misery to the bulk of mankind, legislators cannot invent too many devices for subdividing property, only taking care to let their subdivisions go hand in hand with the natural affections of the human mind. The descent of property of every kind therefore to all the children, or to all the brothers and sisters, or other relations in equal degree is a politic measure, and a practicable one. Another means of silently lessening the inequality of property is to exempt all from taxation below a certain point, and to tax the higher portions of property in geometrical progression as they rise. Whenever there is in any country uncultivated lands and unemployed poor, it is clear that the laws of property have been so far extended as to violate natural right. The earth is given as a common stock for man to labor and live on. If for the encouragement of industry we allow it to be appropriated, we must take care that other employment be provided to those excluded from the appropriation. If we do not, the fundamental right to labor the earth returns to the unemployed. It is too soon yet in our country to say that every man who cannot find employment but who can find uncultivated land shall be at liberty to cultivate it, paying a moderate rent. But it is not too soon to provide by every possible means that as few as possible shall be without a little portion of land. The small land holders are the most precious part of a State."

- Equality

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"What battles there have been to establish in a worldly way the woman in equal rights with the man – but Christianity makes only infinity’s change and therefore quietly. Outwardly the old more or less remains. The man is to be the woman’s master and she subservient to him: but inwardly everything is changed, changed by means of this little question to the woman, whether she has consulted with her conscience about having this man – as mate, for otherwise she does not get him. Yet the conscience-question about the conscience-matter makes her in inwardness before God absolutely equal with the man. What Christ said about his kingdom, that it is not of this world, holds true of everything Christian. As a higher order of things, it wants to be present everywhere but not to be seized. Just as a friendly spirit surrounds the dear ones, follows their every step but cannot be pointed to, so the essentially Christian wants to be a stranger in life because it belongs to another world. In the name of Christianity, fatuously people have fatuously been busy about making it obvious in a worldly way that the woman should be established in equal rights with the man-Christianity has never required or desired this. It has done everything for the woman, provided she Christianly will be satisfied with what is Christian; if she is unwilling, then for what she loses she gains only a mediocre compensation in the fragment of externality she can in a worldly way obtain by defiance."

- Equality

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"I think the authors of that notable instrument intended to include all men; but they did not intend to declare all men equal in all respects. They did not mean to say all were equal in color, size, intellect, moral developments, or social capacity. They defined with tolerable distinctness, in what respects they did consider all men created equal—equal with "certain inalienable rights, among which are life, liberty, and the pursuit of happiness." This they said, and this meant. They did not mean to assert the obvious untruth, that all were then actually enjoying that equality, nor yet that they were about to confer it immediately upon them. In fact, they had no power to confer such a boon. They meant simply to declare the right, so that the enforcement of it might follow as fast as circumstances should permit. They meant to set up a standard maxim for free society, which should be familiar to all, and revered by all; constantly looked to; constantly labored for; and even though never perfectly attained, constantly approximated; and thereby constantly spreading and deepening its influence and augmenting the happiness and value of life to all people of all colors everywhere. The assertion that "all men are created equal" was of no practical use in effecting our separation from Great Britain; and it was placed in the Declaration, not for that but for future use. Its authors meant it to be as, thank God, it is now proving itself, a stumbling-block to all those who, in after-times, might seek to turn a free people back into the hateful paths of despotism. They knew the proneness of prosperity to breed tyrants, and they meant when such should reappear in this fair land and commence their vocation, they should find left for them at least one hard nut to crack. I have now briefly expressed my view of the meaning and objects of that part of the Declaration of Independence which declares that "all men are created equal"."

- Equality

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"The Illusion of Ownership. To “own” something – what does it really mean? What does it mean to make something “mine”? If you stand on a street in New York, point to a huge skyscraper and say, “That building is mine. I own it,” you are either very wealthy or you are delusional or a liar. In any case, you are telling a story in which the thought form “I” and the thought form “building” merge into one. That’s how the mental concept of ownership works. If everybody agrees with your story, there will be signed pieces of paper to certify their agreement with it. You are wealthy. If nobody agrees with the story, they will send you to a psychiatrist. You are delusional, or a compulsive liar. It is important to recognize here that the story and the thought forms that make up the story, whether people agree with it or not, have absolutely nothing to do with who you are. Even if people agree with it, it is ultimately a fiction. Many people don’t realize until they are on their deathbed and everything external falls away that no thing ever had anything to do with who they are. In the proximity of death, the whole concept of ownership stands revealed as ultimately meaningless. In the last moments of their life, they then also realize that while they were looking throughout their lives for a more complete sense of self, what they were really looking for, their Being, had actually always already been there, but had been largely obscured by their identification with things..."

- Ownership

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"Love, like truth and beauty, is concrete. Love is not fundamentally a sweet feeling; not, at heart, a matter of sentiment, attachment, or being "drawn toward". Love is active, effective, a matter of making reciprocal and mutually beneficial relation with one's friends and enemies. Love creates righteousness, or justice, here on earth. To make love is to make justice. As advocates and activists for justice know, loving involves struggle, resistance, risk. People working today on behalf of women, blacks, lesbians and gay men, the aging, the poor in this country and elsewhere know that making justice is not a warm, fuzzy experience. I think also that sexual lovers and good friends know that the most compelling relationships demand hard work, patience, and a willingness to endure tensions and anxiety in creating mutually empowering bonds. For this reason loving involves commitment. We are not automatic lovers of self, others, world, or God. Love does not just happen. We are not love machines, puppets on the strings of a deity called "love". Love is a choice — not simply, or necessarily, a rational choice, but rather a willingness to be present to others without pretense or guile. Love is a conversion to humanity — a willingness to participate with others in the healing of a broken world and broken lives. Love is the choice to experience life as a member of the human family, a partner in the dance of life, rather than as an alien in the world or as a deity above the world, aloof and apart from human flesh."

- Justice

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"I cannot be brought to believe that this country will suffer if the Court refuses further to aggrandize the presidential office, already so potent and so relatively immune from judicial review, at the expense of Congress.But I have no illusion that any decision by this Court can keep power in the hands of Congress if it is not wise and timely in meeting its problems. A crisis that challenges the President equally, or perhaps primarily, challenges Congress. If not good law, there was worldly wisdom in the maxim attributed to Napoleon that "The tools belong to the man who can use them." We may say that power to legislate for emergencies belongs in the hands of Congress, but only Congress itself can prevent power from slipping through its fingers.The essence of our free Government is "leave to live by no man's leave, underneath the law" -- to be governed by those impersonal forces which we call law. Our Government is fashioned to fulfill this concept so far as humanly possible. The Executive, except for recommendation and veto, has no legislative power. The executive action we have here originates in the individual will of the President, and represents an exercise of authority without law. No one, perhaps not even the President, knows the limits of the power he may seek to exert in this instance, and the parties affected cannot learn the limit of their rights. We do not know today what powers over labor or property would be claimed to flow from Government possession if we should legalize it, what rights to compensation would be claimed or recognized, or on what contingency it would end. With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations. Such institutions may be destined to pass away. But it is the duty of the Court to be last, not first, to give them up."

- Law

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"The reason of a commandment, whether positive or negative, is clear, and its usefulness evident, if it directly tends to remove injustice, or to teach good conduct that furthers the well-being of society, or to impart a truth which ought to be believed either on its own merit or as being indispensable for facilitating the removal of injustice or the teaching of good morals. There is no occasion to ask for the object of such commandments; for no one can, e.g., be in doubt as to the reason why we have been commanded to believe that God is one; why we are forbidden to murder, steal, and to take vengeance, or to retaliate, or why we are commanded to love one another. But there are precepts concerning which people are in doubt, and of divided opinions, some believing they are mere commands, and serve no purpose whatever, whilst others believe that they serve a certain purpose, which, however is unknown to man. Such are those precepts which in their literal meaning do not seem to further any of the three above-named results: to impart some truth, to teach some moral, or to remove injustice. They do not seem to have any influence upon the well-being of the soul by imparting any truth, or upon the well-being of the body by suggesting such ways and rules as are useful in the government of a state, or in the management of a household. ... I will show that all these and similar laws must have some bearing upon one of the following three things, viz., the regulation of our opinions, or the improvement of our social relations, which implies two things, the removal of injustice, and the teaching of good morals."

- Law

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"In the present moment, as Nora reminds us, [[memory] is “above all archival. It relies on the materiality of the trace, the immediacy of the recording, the visibility of the image. . . . Even as traditional memory disappears, we feel obliged assiduously to collect remains, testimonies, documents, images, speeches, any visible signs of what has been.” Museums, monuments, and so on are today, Nora argues, the locations of memory, the sites to which collective memory is attached. If that is indeed the case, one might ask whether law itself might be one of what Nora calls “les lieux de memoire.” Here our interest is directed to the temporal dimension of legality, the way law stands in relation to the past, the present, and the future. Law in the modern era is, we believe, one of the most important of ur society’s technologies for preserving memory. Just as the use of precedent to legitimate legal decisions fixes law in a aprticular relation to the past, memory may be attached, or attach itself, to law and be preserved in and through law. Where this is the case, it serves as one way of orienting ourselves to the future. As Drucilla Cornell puts it: “Legal interpretation demands that we remember the future.” In that phrase, Cornell reminds us that there are, in fact, two audiences for every legal act, the audience of the present and the audience of the future. Law materializes memory in documents, transcripts, written opinions; it reenacts the past, both intentionally and unconsciously, and it is one place where the present speaks to the future through acts of commemoration."

- Law

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"The essays in “History, Memory and the Law” address this subject, each in its own distinctive voice. They present grounded examinations of particular problems, places, and practices rather than grand theories. In so doing they address the ways in which memory works in and through law, the sites of remembrance that law provides, the battles against forgetting that are fought in and around those sites. Here we attend to what Lucie White has labeled both the “epic” style of remembering the past, the “grand, monumental, Manichean style . . . that splits the world, morally, along temporal lines,” as well as to what she calls the “tragic” style of remembering. This style, White claims, “teases out the multiple, tangled, always partial threads that comprise the space where ‘civility’ has been enacted and resisted and reshaped.” This kind of remembering spurns “grand gestures.” It remembers in “grounded, gradual ways.” It makes the accomplishments of the past more hard fought, more tentative, more elusive, and more deeply intertwined with the moral horrors to which it insists we attend. The essays in this book also inquire about the way history is mobilized in legal decision making, the rhetorical techniques for marshaling and for overcoming precedent, and the different histories that are written in and through the legal process. Among the questions that they address are, How are the histories and memories created by law different by virtue of the site of their creation? Through what representational practices are the seeming continuities between past and present that are necessary to legitimize legal decisions constructed and preserved? Whose histories and memories “count” in law? What does history do to and for, law, and what does law do to history? Under what conditions do legal institutions, such as courts or prisons, becomes sites of memory?"

- Law

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"It is certain, higher powers are not to be resisted; but some persons in power may be resisted. The powers are ordained of God; but kings commanding unjust things are not ordained of God to do such things; but to apply this to tyrants, I do not understand. Magistrates in some acts may be guilty of tyranny, and yet retain the power of magistracy; but tyrants cannot be capable of magistracy, nor any one of the scripture-characters of righteous rulers. They cannot retain that which they have forfeited, and which they have overturned; and usurpers cannot retain that which they never had. They may act and enact some things materially just, but they are not formally such as can make them magistrates, no more than some unjust actions can make a magistrate a tyrant. A murderer, saving the life of one and killing another, does not make him no murderer: once a murderer ay a murderer, once a robber ay a robber, till he restore what he hath robbed: so once a tyrant ay a tyrant, till he makes amends for his tyranny, and that will be hard to do. [...] The concrete does specificate the abstract in actuating it, as a magistrate in his exercising government, makes his power to be magistry; a robber, in his robbing, makes his power to be robbery; an usurper in his usurping makes his power to be usurpation; so a tyrant in his tyrannizing, can have no power but tyranny. As the abstract of a magistrate is nothing but magistracy, so the abstract of a tyrant is nothing but tyranny. It is frivolous then to distinguish between a tyrannical power in the concrete, and tyranny in the abstract; the power and the abuse of the power: for he hath no power as a tyrant, but what is abused. [...] It is altogether impertinent to use such a distinction, with application to tyrants or usurpers, as many do in their pleading for the owning of our oppressors; for they have no power, but what is the abuse of power."

- Magistrates

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"The most obvious example of the way law constructs and uses history is found in the doctrine of stare decisis and the practice of justifying present decisions in light of precedent. In the common-law tradition the past is supposed to govern the present. Like cases are to be treated alike. Precedent tells a judge to adhere to the decision in a previous “similar” case. As Shauer notes, an argument “from precedent . . . urges that a decision makers give weight to a particular result regardless of whether that decision maker believes it to be correct and regardless of whether that decision maker believes it valuable in any way to rely on that previous result.” In this understanding, adherence to precedent is a rule, according judges no judgmental discretion. There is, of course, another way of understanding how precedent works that accords judges greater interpretive possibility. Past decisions creates a presumption, but a presumption that can be, and sometimes is, rebutted. Yet both of these conceptions treat the past as discoverable and potentially constraining or authoritative. The judge researching precedent constructs a doctrinal history in the service of elucidating a present problem. These two different ways of thinking about precedent imply two different attitudes toward the past, as commander of the present and barrier to change, or as guide, suggesting paths, but mandating no particular way of being in the present. And beyond these different attitudes toward the past there are the difficulties of determining what counts as an applicable precedent as well as what a precedent stands for in the way of its legal meaning. Neither is self-generating. Analogies proliferate almost without limit. Judges read the relevance of past cases differently, and there are no metarules that govern such determinations of relevance. This is not to say that the search for relevance is a free-for-all. Conventions, habits, institutions, reasons all guide the judgment of what is relevant. Yet judges with different conceptions of their role adopt different standards of relevance as well as entirely different orientations toward the way the past should be used in law."

- Precedents

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"Let us note but two examples of the use of precedent in the construction of a historical narrative that, in turn, works to supply authority and legitimacy. The first is found in “Planned Parenthood v. Casey”, the 1992 Supreme Court decision upholding, while limiting, abortion rights under the Amendment. In the now famous opinion by Justice O’Connor, Kennedy and Souter, those justices took pains to explain their own reservations about “Roe v. Wade”, whose “essential holding” their opinion in Casey was intended to reaffirm. “Some of us,” the justices noted, “find abortion offensive to our most basic principles of morality, but that cannot control our decision.” It could not do so if they were to uphold their duty to protect the “liberty of all” and to respect their obligation to “follow precedent.” This obligation flows from “the very concept of the rule of law,” which, in their view, “requires such continuity over time that a respect for precedent is, by definition, indispensable.” Yet in spite of this rather striking defense of the role of precedent in our legal system, O’Connor, Kennedy, and Souter went on, almost as if to take back what they had just said, to note that adherence to precedent was not “an inexorable command.” The decision whether to adhere to precedent was, in their view, always one that had to be guided by “prudential and pragmatic considerations,” including whether the rule developed by a prior case has proven to be unworkable, whether people have come justifiably to rely on it, and whether subsequently developed principles of law have rendered the prior rule a nullity. By taking this pragmatic and prudential approach to precedent the three justices constructed an historical narrative that made room for the possibility of change, of evolution. They wrote a history of constraint, yet also of possibility, rather than of an iron hand of the past inexorably determining present policy. They allowed themselves to be seen as “judging” a past that they themselves first had to interpret. Yet they acknowledged that the past created a presumption in favor of continuity and that in no case should a decision to overrule precedent, and in so doing to rewrite history, rest simply on a “belief that a prior case was wrongly decided."

- Precedents

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"Yet there is another image of precedent, of law’s history, in which the force of precedent compels judgment, in which precedent is treated as a rule for foreclosing the possibility of any other legitimate considerations. This image is perhaps best exemplified in Justice Marshall’s dissent in Payne v. Tennessee. In Payne the Supreme Court overruled its earlier decision in Botth v. Maryland in order to hold that the use of so-called victim impact statements in the sentencing phase of capital trials was not a violation of the eighth Amendment. The majority opinion written by Justice Rehnquist explained its overruling of Booth by invoking attitude toward precedent that would later emerge in Casey to justify adhering to precedent. As Rehnquist put it, “Adherence to precedent is ‘usually the wise policy.’” It is not, Rehnquist warned, a “mechanical formula” of adherence to the latest decision no matter how misguided. Marshall responded by conjuring a different relationship of law’s present to its past. He called for “fidelity” to precedent and claimed such fidelity was essential if courts were not to subject the people to the rule of “an arbitrary discretion.” In his view the Court has “a duty to stand by its own precedents.” Discharging that duty, against the ties of changing personnel on the Court or a changing political climate in the country, was Marshall claimed, necessary to a judiciary that sought to be a “source of impersonal and reasoned judgments.” The history that Marshall constructed is a history in which the past should rule the present, in which authority could and should be excavated from a continuous process of reading and rereading of the judiciary’s own products. It is a history of “fidelity,” of “duty” in the face of temptation. Failing to follow precedent would mean that “power, not reason,” would be the currency of judicial decision making."

- Precedents

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"White examines the hold of analogical reasoning on the legal imagination by assessing the way courts responded to innovations in the social world. The two examples that are the subject of this essay are the treatment of radio and motion pictures in the early part of the twentieth century. He looks at how law responded to these innovations and, in particular, how courts responded to challenges to efforts to impose a regulatory regime on them. The drive to regulate emerged from a particular awareness of the media’s mass quality and the immediacy of the effects the created; in addition, it was fueled by the Progressive Era’s tendency to approve regulation by experts as a way of addressing social concerns. Yet these regulations, at least from the perspective of today, raise serious First Amendment issues. White examines cases challenging regulation to sow that analogical reasoning was used to construct a legal history in such a way as to justify regulation in spite of the First Amendment. In the case of film, courts constructed such a history by categorizing it as a form of property. Like property, film might be used to do “evil.” Courts then conjured the history of the “police powers” by which states could invoke their powers to protect the morals of the public. In addition, they brought the regulation of film within the history of administrative law and, as a result, focused only on the nature of the legislative delegation involved. Having established framework of analogies, courts then were able to bring to bear the relevant precedents. In their treatment of those cases they tended to anticipate the position of Marshall in “Payne”, insisting on the value of consistency and continuity of law’s doctrinal structure."

- Precedents

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"Hitler also missed the point completely about American economic capabilities, for the cars and the refrigerators he sneered at were being produced by corporations that led the world in techniques of mass production and modern management. The Axis leaders deluded themselves into believing that, with the Great Depression, the American economic model had disintegrated. Yet despite the sluggish growth of aggregate demand in the mid to late 1930s, firms like General Motors were taking tremendous strides forward in efficiency, exploiting those economies of scale that were unique to the huge American market. Exports to Britain and the Soviet Union had given GM and its peers a foretaste of what was to come. With the American entry into the war, they were inundated with government orders for military hardware. In the First World War, the result had been a mess: production bottlenecks, chronic waste and inflationary pressure. In 1942 the opposite happened. 'The real news,' as Charles E. Wilson of General Motors put it, 'is that our American methods of production, our know-how about the business, could be applied to mass production of all these war things . . . and that is the one factor that I think our Axis enemies overlooked.' Here, too, a compromise was involved. With astonishing speed the big corporations converted themselves from the champions of a consumer society to the servants of a command economy. As John Hancock and Bernard Baruch observed: 'With the coming of war a sort of totalitarianism is asserted. The government tells each business what it is to contribute to the war program.'"

- Corporations

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"It was at the microeconomic level, however, that the output war was really won. For the biggest wartime advances in mass production and management were made in vast factories like Ford's mile-long bomber assembly line at Willow Run, Boeing's B-29 plant at Seattle or General Motors' aero-engine factory at Allison. At peak, Boeing Seattle was churning out sixteen B-17S a day and employing 40,000 men and women on round-the-clock shifts. Never had ships been built so rapidly as the Liberty ships, 2,700 of which slid down the slipways during the war years. It was at wartime General Motors that Peter Drucker saw the birth of the modern 'concept of the corporation', with its decentralized system of management. And it was during the war that the American military-industrial complex was born; over half of all prime government contracts went to just thirty-three corporations. Boeing's net wartime profits for the years 1941 to 1945 amounted to $27.6 million; in the preceding five years the company had lost nearly $3 million. General Motors Corporation employed half a million people and supplied one-tenth of all American war production. Ford alone produced more military equipment during the war than Italy. Small wonder some more-cerebral soldiers felt they were risking their necks not in a 'real war . . . but . . . in a regulated business venture', as James Jones put it in The Thin Red Line. It was strange indeed that the recovery of the American economy from the Depression should owe so much to the business of flattening other peoples' cities."

- Corporations

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"There can be no effective control of corporations while their political activity remains. To put an end to it will be neither a short nor an easy task, but it can be done. We must have complete and effective publicity of corporate affairs, so that the people may know beyond peradventure whether the corporations obey the law and whether their management entitles them to the confidence of the public. It is necessary that laws should be passed to prohibit the use of corporate funds directly or indirectly for political purposes; it is still more necessary that such laws should be thoroughly enforced. Corporate expenditures for political purposes, and especially such expenditures by public-service corporations, have supplied one of the principal sources of corruption in our political affairs. It has become entirely clear that we must have government supervision of the capitalization, not only of public-service corporations, including, particularly, railways, but of all corporations doing an interstate business. I do not wish to see the nation forced into the ownership of the railways if it can possibly be avoided, and the only alternative is thoroughgoing and effective legislation, which shall be based on a full knowledge of all the facts, including a physical valuation of property. This physical valuation is not needed, or, at least, is very rarely needed, for fixing rates; but it is needed as the basis of honest capitalization."

- Corporations

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"Similarly wobbly views on sex and adolescents—or rather sex with adolescents—are on profligate historical display elsewhere. It goes in the opposite direction, too. The age of consent in 1920s Chile was 20, but now it's 16. A century ago in Italy, it was 16, too. But today it's 14 there. Overall, studying the numbers in even the most contemporary international age-of-consent table will give you the impression that you're looking at a flurry of seemingly random digits between 12 and 21 (a sizable range): It's 13 in Argentina, 18 in Turkey, 16 in Canada, 12 in Mexico, 20 in Tunisia, 16 in Western Australia, 15 in Sweden, and so on. "More than 800 years after the first recorded age of consent laws," writes the historian Stephen Robertson, "the one constant is the lack of consistency." Just as when we're assessing religions with conflicting theologies, we can draw only two possible conclusions from Robertson's observation: Either some societies have the one true age of consent and every other has therefore got it wrong, or any given society's age of consent is based on what its citizens have simply chosen to believe about human sexuality and psychological development. And similar to what any objective analysis of competing religious beliefs would force us to conclude, there's no evidence that the former is the case for cultural variations in age of consent laws (that there is "one true age") and every reason for us to conclude the latter is in fact what we're dealing with."

- Consent

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"In order to answer the question about the conditions under which sex is morally wrong, we need to know what it means to consent to sex. “Consent” is shorthand for “voluntary informed consent.” Agreeing to have sex does not count as consenting to an entire sexual encounter for three reasons. 1. Consent given prior to a sexual encounter can be withdrawn at any time. 2. Agreeing to have sex can be involuntary. Submission to a sexual encounter is involuntary when it is forced upon a dissenting person by the use of physical force, threat or incapacitating behavior. It is admittedly difficult to specify what exactly counts as threatening or incapacitating behavior. A dissenting person who is too shocked by the other person’s sexual approach to move away or resist is incapacitated, even if she does not feel threatened. 3. The person may not be in a position to consent. Children, for example, are unable to consent to sex. This is not because minors are unable to consent to anything. Certainly, if a parent asks an average six-year old whether she would like the parent to brush her hair, and the six-year old responds that she does, her agreement counts as consent. Six-year olds are normally old enough to understand what it means for someone to brush their hair, and hair brushing does not ordinarily have unforeseen and potentially harmful consequences. So, not only is the child voluntarily entering into the interaction, she also understands the nature and consequences of the action. A six-year old cannot ordinarily consent to sex, however, as she is not in a position to understand what the act entails. Similar remarks apply to at least some mentally challenged individuals."

- Consent

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"As stated, informed consent is both a legal obligation and an ethical principle. The requirement that medical providers obtain permission from their patients prior to providing treatment is embedded in the idea that individuals should be empowered to make autonomous decisions regarding their own care. Accordingly, informed consent is a process through which accurate and relevant information is presented to a patient so that he or she is able to knowledgeably accept or forego medical care, based on an appreciation and understanding of the facts presented. In general, the literature documenting the process of obtaining informed consent indicates that it involves three broad principles: disclosure, capacity and voluntariness. Disclosure requires the physician to provide accurate and adequate information on the benefits, risks, costs and alternatives of treatment; in this context, adequacy is often understood as the amount of information that the average patient would require to be an informed participant in the decision. Capacity refers to the patient's ability to understand and rationally process the information presented to him or her and to make health care choices based on this understanding. And voluntariness describes the patient's ability to make a decision free from coercion or any type of unfair incentives. According to attorney J. Steven Svoboda and colleagues, writing for the Journal of Contemporary Health Law and Policy, this requires the physician to "distance himself as much as possible from his personal preferences and values and to present interests at stake for the patient.""

- Consent

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"The second meaning of “legitimation,” developed in critical scholarship of the late twentieth century, concerns the nature and role of consent and the specific impact of an individual’s consent to the perceived justice of either particular transactions or entire institutions to which consent is given. In liberal market economies and the legal orders that govern them, the act of consent generally insulates the object of consent even from criticism, much less legal challenge. Consent to the terms of a contract, for example, almost always insulates the fairness of the terms of that contract from both public scrutiny and legal attack, regardless of how harmful or injurious that contract turns out to be to any of the parties that consented to it. If the contract was consensual, it cannot possibly be unfair to execute it against a later regretful party, no matter how harmful its terms might appear to be. Widely shared norms against paternalistic legislation, an ideological and seemingly bottomless belief in the ability of individuals to understand and act on their own welfare, skepticism regarding the motivation of regulatory bodies or meddling individuals who would seek to upset consensual individual transactions, and at least for some, a definitional commitment to consent as that which maximizes value, all burden attempts to intervene in or even question contract terms. They may do so through “unconscionability” or “duress” limits in the common law of contract, or through more explicitly regulatory means, such as consumer protection legislation or workers’ rights laws. I have argued elsewhere that the same dynamic increasingly limits critique of intimate sexual relations: consensual sex is viewed not only as not rape, but also as not subjected appropriately to moral or political criticism. To subject consensual sex to criticism is puritanical, moralistic, or worse. Lastly, in the public sphere, “consent” operates similarly: the consent of the governed legitimates whatever governance follows. We can generalize from these three examples of the impact of consent in the private, intimate, and public spheres: consent cleans or purifies that to which the consent is given, and thereby insulates it from political critique as well as legal challenge. Questioning the value of that to which consent has been given is politically suspect—because it is unjustifiably paternalist, logically incoherent, or both."

- Consent

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"Sometimes, of course, there is no ambiguity, as when a woman says no, or sends visible, consistent physical signals that she is not consenting to a sexual act. But many schools no longer require women to say or signal no in order for an encounter to be considered nonconsensual. Affirmative-consent rules, particularly when written or interpreted expansively, do that directly; in California, Connecticut, and New York, affirmative-consent codes for college students have been signed into law. So do policies that treat women who have been drinking—but who are not by any objective standard incapacitated—as unable to give consent. The problem with both types of policies is that they are intrusive and impractical. Couples are especially unlikely to adhere to contract-negotiation-style bedroom interactions (and it is no small intrusion on privacy to require them to do so). The proscription on drinking before sex is certain to be widely ignored; sexually inexperienced students (and even experienced ones) often drink in order to lower their inhibitions. And yet ignoring these rules puts men in great jeopardy should their partner later reconsider what seemed to have been a consensual encounter. In the world outside campus, people who are merely intoxicated, not incapacitated, can legally consent to sex, even if they make poor or regrettable decisions. In many states, sex with an incapacitated partner is a crime when the accused knows, or reasonably should know, about the incapacity and intends to act without consent. Recently, some schools have adopted clearer standards for incapacitation, including the requirement that the accused should reasonably know about the incapacity in order for consent to be invalidated. But on many campuses, no such knowledge or intent is required for an adjudication to determine that a violation has occurred."

- Consent

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"Modern consent, then, is a very specific, narrowly defined legal concept developed at the end of the eighteenth century in part to differentiate full citizens from partial citizens or non-citizens. It is not a vague or open idea: citizens-mature, sane, politically active individuals-are capable of cosnnet. Partial citizens, passive citizens, or non citizens-those below the ae of maturity, those declared insane, orthe politically inactive-are not. In ther eam of sexual crime, the most obvious manifestation of this notibly is in legislation on statutory rape where, whether or not a child consents to sex according to conventional standards, the activity is strll criminal because the child has not become a full citizen and thus capable of consent according to political and legal standards. Children, however, are noy the only partial citizens or non-citizens regulated by national or international political structures, and it is here that the cosnent/bodily integrity formula becomes problematic. Another increasingly recognizable non-citizen or partial citizen is the (internal or external) refugee-mature, sane regualted, but not in any way a full political actor. Indeed, what recent national and international interpetations of consent and bodily integrity have produced from the perspective of refugees-even, or especially, to the extent that they have been endowed with ersatz riights-is a situation in which any and all sexual or reproductive behavior on their part has become crinimal. Sex has become rape and reproduction has become criminal abortion and/or criminal procreation."

- Consent

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"I would like to consider some further aspects of the role of consent in the early twentieth century legislation. First of all, when we conceive of consent theory as a theory absent of any choice-operating as a means of delimiting borders rather than of defining behavior-the problems and contradictions that occur when it runs up against “reality”begin to make more sense. When Pateman, for instance, notes that, “consent as an ideology cannot be distinguished from habitual acquiscence, assent, silent dissent, submission, or even enforced submission. Unless refusal of consent or withdrawal of consent are real possibilities, we can no longer speak of “consent” in any genuine sense,”104 she is clearly understanding consent as something linked to juridical freedom or, more basically, to choice. Likewise, when Agamben, in his discussion of medical experimentation on prisoners in Nazi concentration camps or in United States prisons that that, The final criterion, which elicited general agreement, was the necessity of an explicit and voluntary consent on the part of the subject who was to be submitted to the experiment .. [T]he obvious hypocrisy of such documents cannot fail to leave one perplexed. To speak of free will and consent in the case of a person sentenced to death or of a detained person who must pay serious penalties is, at the very least, questionable, he is operating within the same framework. If, however, we understand consent as no more and no less than means of defining sovereign space-of collapsing political and biological borders and boundaries-the seemingly perverse or at least disingenuous insistence on consent in such situations becomes more reasonable. The question is not whether the individual “really” consented to what is, for all intents and purposes, sexual, social, reproductive, political, biological, or medical enslavement. It is instead the extent to which the consensual relationship has successfully defined both political and biological space. Indeed, we can see in these early approaches to reproduction, experimentation, and execution important precursors to the humane reliance on lethal injection-rather than, say, beheading, hanging, or electrocution-as a means of eliminating criminals in the modern United States. Above all a spectacle of consent, the lethal injection-absent any wound or executioner-plays out first and foremost as a doctor/patient relationship, the physician eliminating the biologically passive, juridically consenting citizen in the end for his own good."

- Consent

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"By the early twentieth century, this articulation of women's bodies as biopolitical space had become far more pronounced-expressed throughout the 1920s and 1930s in particular in a language of consent. The talk of contracts, and especially the reinterpretation of the medieval private contract as a nineteenth century social contract, had led above all to an interwar fascination on the part of jurists with the biologically defined citizen and how consent theory specifically might regulate this citizen's sexuality. Italian fascist legislators, for example, began to imagine rape as both a crime against public morality and a crime against something called “sexual liberty,” the latter operating as a subset of the former. What exactly was meant by “sexual liberty” and why fascist legislators found it meaningful will be the questions that drive this section. I will indeed suggest over the next few pages that “sexual liberty” was a right that could be possessed only by biopolitically defined citizens, and that the consent on which this right was founded was likewise a biopolitical one-that paradoxically, as Vera Bergelson puts it, “valid consent eliminate[d] [the possibility of a] violation of rights.” I will therefore also suggest that consent played the same role in interwar sexual legislation that it had in interwar reproductive legislation. First and foremost a means of transforming women's bodies into space, it had little or nothing to do with “choice” or “freedom” per se, and placed women, not men, at the center of the public sphere."

- Consent

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"That consent has almost nothing to do with choice and everything to do with an unabashedly authoritarian understanding of political space in which rights are assumed to be waived can be seen in the actual outcome of the case in which Scarry conteztualizes her analysis. As Paul A. Lombardo has observed, “it is rarely clear in most discussions of the Cardozo opinion that Mary Schloendorff lost her case. That result is not only startling because of the way Cardozo ignored the absence of consent for dangerous and unwanted surgery, but also for its extraordinary deference to charitable immunity of hospitals, employing questionable arguments and contorted interpretations of the facts for each conclusion that would allow the case to be dismissed. The very Court that Cardozo sat on-New York's Court of Appeals-criticized the reasoning on charitable immunity in the Schloendorff case as 'logically weak' only ten years after it was decided, and it was completely overruled in 1957 when the shield of non-profit status was discarded in new York as “out of tune with life about us.' Yet we still celebrate the case as a salute to patient autonomy.” Lombardo continues by pointing out that the specific unwanted surgery performed on Mary Schloendorff was a hysterectomy to rid her of a “phantom tumor.” Lombardo 2005, 792. John T. Parry had addressed this paradox-the extent to which contemporary rights are assumed to be enforced only by the act of waiving the-as well, noting in his analysis of the 2002 case USA v. Drayton: Justice Kennedy closed with the following comments on citizenship, police conduct, and the rule of law: 'In a society based on law, the concept of agreement and consent should be given a weight and dignity of its own. Police officers act in full accord with the law when they ask citizens for consent."

- Consent

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"Each of these theorists, in other words, links the failure of neutral or equal citizenship to the creation of the private sphere, to the placement of women into this sphere, and to the indeed dangerous way in which women's bodies personify it. Consent-a public, political act-becomes meaningless in such a frameowrk. Indeed, as MacKinnon argues with reference to rape law, consent is simply assumed in the private, that “arena of choice;” it is a metaphysical quality rather than a political act. Women carry the private around with them. And it is a result of their empathatically private nature that consent theory cannot serve them as citizens in the end. My purpose over the next few pages will be to challenge this analysis. More specifically, I will try to demonstrate that to the extent that sexual legislation-and more basically, sexual identity-became central to political identity over the first few decades of the twentieth century, women, sexualized, increasingly became actors within the rhetorical public, rather than within the rhetorical private. Indeed, rape and adultery law trendered women essential, prototypical, biopolitical subjects, their bodies representative of a new, relentless concept of the political. Moreover, I will argue that it was the thetoric of consent in particular that transformed women citizens in this way. Far from meaningless or irrelevant, consent instead served as a foundation for an interwar reinterpretation of both sexual and political identity. The paradox of both the biologically passive, politically active consenting individual"

- Consent

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"Well, you know, Star Trek and the Starship Enterprise was supposed to be a metaphor for Starship Earth. It was supposed to be an idealized representation of what our society should be. In our society, we have a lot of minorities. Asians, African-Americans, women getting on the upward mobility escalator. They're making progress going up, whether it's in the professional world or the business world, or in other various careers. But the problem seems to be that think called the glass ceiling. They make it up to a certain point and then it stops. I kept lobbying to the powers that be at Paramount saying to them, "if Starfleet is to represent that ideal, you just can't keep giving us advances in rank." By that time I was a Commander. The movie before that I was a Lieutenant Commander, but I was still there at the helm punching those same buttons. I said to them, "it's very important that if we are supposed to be that kind of bright, eminently capable people...professionals....we have to get that advancement. We have to be able to show that this idealized society truly works. It's very important than, that we see one of the characters moving up and becoming a captain. Of course, my character being Sulu, I lobbied most vigorously for him. Finally after 25 long years of lobbying, we were able to reach that idealized representation of Starfleet. The glass ceiling doesn't exist with Starfleet. He was a captain then."

- Utopia

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"A foreign policy aimed at the achievement of total security is the one thing I can think of that is entirely capable of bringing this country to a point where it will have no security at all. And a ruthless, reckless insistence on attempting to stamp out everything that could conceivably constitute a reflection of improper foreign influence in our national life, regardless of the actual damage it is doing to the cost of eliminating it, in terms of other American values, is the one thing I can think of that should reduce us all to a point where the very independence we are seeking to defend would be meaningless, for we would be doing things to ourselves as vicious and tyrannical as any that might be brought to us from outside. This sort of extremism seems to me to hold particular danger for a democracy, because it creates a curious area between what is held to be possible and what is really possible — an area within which government can always be plausibly shown to have been most dangerously delinquent in the performance of its tasks. And this area, where government is always deficient, provides the ideal field of opportunity for every sort of demagoguery and mischief-making. It constitutes a terrible breach in the dike of our national morale, through which forces of doubt and suspicion never cease to find entry. The heart of our problem, here, lies in our assessment of the relative importance of the various dangers among which we move; and until many of our people can be brought to understand that what we have to do is not to secure a total absence of danger but to balance peril against peril and to find the tolerable degree of each, we shall not wholly emerge from these confusions."

- National security

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"Turkey doesn’t understand that, for the United States, buying a sophisticated Russian air defense system is a major national security issue that can’t be papered over. But Americans don’t understand that all their tough talk about leveling sanctions against Turkey if the Russian arms sale goes through only plays into Turkish leaders’ hands politically... Speaking at a forum on Ankara-Washington relations hosted by the Hudson Institute in Washington, Hudson fellow Blaise Misztal said that, to President Tayyip Erdogan and his political coalition partners, “sanctions and kicking you out of 'NATO is a winning policy” because it fuels long-standing and growing anti-Americanism in their nationalist-leaning array of parties. Since 2014, and particularly after a failed coup attempt in 2016 that many Turks believe was known in Washington before it was launched, Erdogan “is becoming closer to [[Vladimir Putin|[Vladimir] Putin]], Bashir al-Assad, Iran and China” to burnish his nationalist credentials, Misztal said. As an example of how this plays out, Erdogan told his parliament Wednesday the nation is “passing through a very critical period, from economy to security.” He warned about plotters still inside its borders and their outside supporters. At the same time as Erdogan spoke, a Turkish newspaper reported the defense ministry is sending troops to Russia to receive familiarization training for the S-400 air defense system."

- National security

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"As we have seen, the Depression caused radical changes in economic policy in most countries, but radical changes in political and legal arrangements in only some. The sub-set of countries that also radically altered their foreign policies was smaller still. Most responded to the crisis as Britain and the United States did, by seeking as far as possible to avoid external conflicts. In his inaugural address in 1933, Roosevelt promised to base US foreign policy on the 'good neighbor' principle, winding up his predecessors' interventions in Central America and the Caribbean and preparing the ground for the independence of the Philippines. This was as much out of parsimony as altruism; the assumption was that the cost of fighting unemployment at home ruled out further expenditures on small wars abroad. Even the majority of authoritarian regimes were quite content to persecute internal enemies and bicker with their neighbours over borders. Stalin had no strong interest in the acquisition of more territory; he already possessed a vast empire. Military dictators like Franco were more likely to wage civil war than inter-state war; as a conservative he understood that foreign wars ultimately helped domestic revolutionaries. Only three countries aspired to territorial expansion and war as a means to achieve it. They were Italy, Germany and Japan. Their dreams of empire were the proximate cause of the multiple wars we know as the Second World War. As we shall see, however, those dreams were far from being irrational responses to the Depression."

- Foreign policy

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""Covenants without swords are but words," bleakly wrote Thomas Hobbes in the seventeenth century. The League of Nations possessed no sword. How could it? The League, as such, enjoyed no kind of independent existence and authority at all. The widely made assumption that it did, as when men spoke of "support for the League" or "loyalty to the League", was founded on mass self-deception. For the League was no more than, or other than, its member states... If the League were ever to coerce a lawbreaker, it would not be the Paraguayan army or the Liberian navy that would do the coercing; but the Royal Navy and the French army. So when British internationalists demanded that Britain should disarm and entrust her security to "the League", they were really proposing that Britain should rest her safety on her own weakness. When they demanded that the French too should disarm they were unwittingly trying to deprive the League of the only swords ever likely to be unsheathed against breakers of the Covenant. There was therefore a fundamental and fatal flaw in the internationalists' new world system, glossed over in their idealistic enthusiasm. Without the sanction of overwhelming force behind the new international morality, the League of Nations had no chance whatsoever of putting an end to the anarchy of the power struggle between nation-states. It was like hoping to end the Wars of the Roses by creating a League of Barons pledged to keep the peace and obey the law of the land."

- League of Nations

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"Trade is a social act. Whoever undertakes to sell any description of goods to the public, does what affects the interest of other persons, and of society in general; and thus his conduct, in principle, comes within the jurisdiction of society: accordingly, it was once held to be the duty of governments, in all cases which were considered of importance, to fix prices, and regulate the processes of manufacture. But it is now recognised, though not till after a long struggle, that both the cheapness and the good quality of commodities are most effectually provided for by leaving the producers and sellers perfectly free, under the sole check of equal freedom to the buyers for supplying themselves elsewhere. This is the so-called doctrine of Free Trade, which rests on grounds different from, though equally solid with, the principle of individual liberty asserted in this Essay. Restrictions on trade, or on production for purposes of trade, are indeed restraints; and all restraint, quâ restraint, is an evil: but the restraints in question affect only that part of conduct which society is competent to restrain, and are wrong solely because they do not really produce the results which it is desired to produce by them. As the principle of individual liberty is not involved in the doctrine of Free Trade, so neither is it in most of the questions which arise respecting the limits of that doctrine: as for example, what amount of public control is admissible for the prevention of fraud by adulteration; how far sanitary precautions, or arrangements to protect work-people employed in dangerous occupations, should be enforced on employers. Such questions involve considerations of liberty, only in so far as leaving people to themselves is always better, cæteris paribus, than controlling them: but that they may be legitimately controlled for these ends, is in principle undeniable."

- Regulation

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"Public services, in other words, are owed by the state — and its governors — to the governed. They are nothing like a favor that the state generously extends toward the governed, despite the negative connotations years of liberal polemics have imposed upon the phrase "the welfare state." , one of the most important theorists of the public service, made this fundamental point at the beginning of the twentieth century: it is the primacy of the duties of those in power in relation to the governed that forms the basis of what we call the "public service." For Duguit, public services are not a manifestation of state power, but a limitation of governmental power. The public service is a mechanism by which the governors become the servants of the governed. These obligations, which are imposed on those who govern as well as the agents of government, form the basis of what Duguit calls "public responsibility." This is why the public service is a principle of social solidarity, one which is imposed on all, and not a principle of sovereignty, inasmuch as the latter is incompatible with the very idea of public responsibility. This conception of the public service has largely been suppressed by the fiction of state sovereignty. But the public service nonetheless continues to make itself felt by virtue of the strong connection citizens feel toward what they still consider to be a . For the citizen's right to public services is the strict corollary of the duty or obligation of state representatives to provide public services. This why the citizens of various European countries affected by the current crisis have demonstrated, in diverse ways, their attachment to public services in their daily fight against the coronavirus: for instance, the citizens of numerous Spanish cities have applauded their healthcare workers from their balconies, regardless of their political attitude toward the centralized ."

- Public service

0 likesPolitical economyLaw
"The State is a political abstraction, a hierarchical institution by which a privileged elite strives to dominate the vast majority of people. The State’s mechanisms include a group of institutions containing legislative assemblies, the bureaucracy, the military and police forces, the judiciary and prisons, and the subcentral State apparatus. The government is the administrative vehicle to run the State. The purpose of this specific set of institutions which are the expressions of authority in capitalist societies (and so-called “s”), is the maintenance and extension of domination over the common people by a privileged class, the rich in Capitalist societies, the so-called in State Socialist or Communist societies like the former Union of Soviet Socialist Republics. However, the State itself is always an elitist position structure between the rules and the ruled order-givers and order-takers, and economic haves and have-nets. The State’s elite is not just the rich and the super-rich, but also those persons who assume State positions of authority — politicians and juridical officials. Thus the State bureaucracy itself, in terms of its relation to ideological property, can become an elite class in its own right. This administrative elite class of the State is developed not just the through dispensing of privileges by the economic elite, but as well by the separation of private and public life — the family unit and civil society respectively — and by the opposition between an individual family and the larger society. It is sheer opportunism, brought on by Capitalist competition and alienation. It is a breeding ground for agents of the State."

- State

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"The state, though distinct from capitalism in its form and methods, must also become a thing of the past if freedom has any chance of reigning. It's not a matter of trying to make the state kinder, more multicultural, more benign, or to follow the letter of its own law. The state's very logic asserts that a few people are better suited than everyone else to determine, as the U.S. Constitution says, "life, liberty, and the pursuit of happiness." It's not just that the state has (or increasingly doesn't) a monopoly on violence but that regardless of how it compels people to give up their power—with guns, ballots, or pacification through forms of already-circumscribed participation—it is always engaged in a variety of social control and social engineering. Statecraft, at its essence, is about a small body of people legislating, administering, and policing social policy. In this way, it also sustains other types of domination, such as institutionalized racism or heteronormativity. Increasingly, "the state" is doing this as part of a networked structure of states collaborating in blocs or global institutions. Thus, fewer and fewer people get to determine policies ranging from warfare to health care to immigration. Even the notion of representative democracy under this global regime is almost anachronistic, given that layers of nonrepresentative statecraft now work hand in hand with equally undemocratic international NGOs and multinational financial bodies."

- State

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"Freedom, particularly social freedom, is indeed utterly antithetical to a state, even a representative one. At the most basic level, representation "asks" that we give our freedom away to another; it assumes, in essence, that some should have power and many others shouldn't. Without power, equally distributed to all, we renounce our very capacity to join with everyone else in meaningfully shaping our society. We renounce our ability to self-determine, and thus our liberty. And so, no matter how enlightened leaders may be, they are governing as tyrants nonetheless, since we—"the people"—are servile to their decisions. This is not to say that representative government is comparable with more authoritarian forms of rule. A representative system that fails in its promise of, say, universal human rights is clearly preferable to a government that makes no such pretensions at all. Yet even the kindest of representative systems necessarily entails a loss of liberty. Like capitalism, a grow-or-die imperative is built into the state's very structure. [...] Whatever a state does, then, has to be in its own interests. Sometimes, of course, the state's interests coincide with those of various groups or people; they may even overlap with concepts such as justice or compassion. But these convergences are in no way central or even essential to its smooth functioning. They are merely instrumental stepping-stones as the state continually moves to maintain, solidify, and consolidate its power. Because, like it or not, all states are forced to strive for a monopoly on power. [...] In this quest to monopolize power, there will always have to be dominated subjects. As institutionalized systems of domination, then, neither state nor capital are controllable. Nor can they be mended or made benign."

- State

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"This diplomatic revolution, part of the growing bureaucratization of government, was complemented by a revolution in political ideas that we can measure in the changing use of the term “state.” In the fourteenth century the Latin term status (and vernacular equivalents such as estat or state) was mainly used with reference to the standing of rulers themselves, much as we would today use the term “status.” Thus the chronicler Jean Froissart, describing King Edward III entertaining foreign dignitaries in 1327, recorded that his queen “was to be seen there in an estat of great nobility.” Gradually, however, usage was extended to include the institutions of government. In the works of Machiavelli, written in the 1510s, lo stato becomes an independent agent, separate from those who happen to be its rulers. In a similar vein, Thomas Starkey, the English political commentator of the 1530s, claimed that the “office and duty” of rulers was to “maintain the state established in the country” over which they ruled. The thrust of such arguments was to limit the power of kings by postulating their higher obligation to the common good. In radical hands this implied that subjects had the right to overthrow tyrannical rulers, which is what happened in the English civil wars of the 1640s and Europe’s bitter wars of religion. Responding to this crisis of governance,Thomas Hobbes moved the debate to a different level, defining the state as “an artificial man” abstractly encapsulating the whole populace, who enjoys absolute sovereignty (his “artificial soul . . . giving life and motion to the body”) which is exercised in practice through a sovereign ruler. This gradual but dramatic word shift, from the medieval state of princes to the person of the Hobbesian state, was hugely important for political thought. It also reinforced the decline of dynastic summitry: diplomacy, like governance, was no longer regarded as the sole prerogative of princes."

- State

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"Many of the countries that achieved formal sovereignty through decolonization in the post-World War II period emerged as extremely weak States. That is, they emerged with a level of institutional capacity-of "infrastructural power," in Michael Mann's useful conceptualization-well below the minimum level one usually associates with the notion of "sovereign State." Looking at the phenomenon from the perspective of the international system, Robert Jackson has suggested that decolonization brought with it an unprecedented disjunction between "negative" and "positive" sovereignty-that is, between sovereignty in the traditional sense and empirical Statehood, producing "quasi-States." Whereas in the past, States gained sovereignty only if they mustered the internal capacity to withstand the challenges of other States at the international level, in the contemporary world the situation is partially reversed, in that some of the new States are able to maintain their sovereignty only with the support of the international system. While decolonization has certainly resulted in the proliferation of "weak States," Jackson exaggerates the newness of the phenomenon; indeed he himself acknowledges that the "new sovereignty game" originated under the League of Nations, when the application of the principle of national self-determination produced a plethora of countries in the Balkans and northern Europe whose capacity for "empirical" Statehood was open to question. In any case, it is quite evident that the resumption of imperial disintegration within eastern Europe following the collapse of Communism is producing additional "quasi-States." Weak States are prone to protracted internal conflicts, and due to the widespread availability of cheap, rapid-fire weapons, such conflicts are likely to involve high levels of violence."

- State

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"I wish to say a word or two about the position of the Attorney-General, because in my judgment it is of importance in this case, and his position appears likely to be lost sight of. Everybody knows that he is the head of the English Bar. We know that he has had from the earliest times to perform high judicial functions which are left to his discretion to decide. For example, where a man who is tried for his life and convicted alleges that there is error on the record, he cannot take advantage of that error unless he obtains the fiat of the Attorney-General, and no Court in the Kingdom has any controlling jurisdiction over him. That perhaps is the strongest case that can be put as to the position of the Attorney-General in exercising judicial functions. Another case in which the Attorney-General is preeminent is the power to enter a nolle prosequi in a criminal case.1 I do not say that when a case is before a Judge a prosecutor may not ask the Judge to allow the case to be withdrawn, and the Judge may do so if he is satisfied that there is no case; but the Attorney-General alone has power to enter a nolle prosequi, and that power is not subject to any control. Another case is that of a criminal information at the suit of the Attorney-General, a practice which has, I am sorry to say, fallen into disuse. The issue of such an information is entirely in the discretion of the Attorney-General, and no one can set such an information aside. There are other cases to which I could refer to be found in old and in recent statutes, but I have said enough to show the high judicial functions which the Attorney-General performs."

- Attorney general

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"INADMISSIBLE, adj. Not competent to be considered. Said of certain kinds of testimony which juries are supposed to be unfit to be entrusted with, and which judges, therefore, rule out, even of proceedings before themselves alone. Hearsay evidence is inadmissible because the person quoted was unsworn and is not before the court for examination; yet most momentous actions, military, political, commercial and of every other kind, are daily undertaken on hearsay evidence. There is no religion in the world that has any other basis than hearsay evidence. Revelation is hearsay evidence; that the Scriptures are the word of God we have only the testimony of men long dead whose identity is not clearly established and who are not known to have been sworn in any sense. Under the rules of evidence as they now exist in this country, no single assertion in the Bible has in its support any evidence admissible in a court of law. It cannot be proved that the battle of Blenheim ever was fought, that there was such as person as Julius Caesar, such an empire as Assyria. But as records of courts of justice are admissible, it can easily be proved that powerful and malevolent magicians once existed and were a scourge to mankind. The evidence (including confession) upon which certain women were convicted of witchcraft and executed was without a flaw; it is still unimpeachable. The judges' decisions based on it were sound in logic and in law. Nothing in any existing court was ever more thoroughly proved than the charges of witchcraft and sorcery for which so many suffered death. If there were no witches, human testimony and human reason are alike destitute of value."

- Legal proceedings

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"When we wrote Ecofeminism we raised the issue of reductionist, mechanistic science and the attitude of mastery over and conquest of nature as an expression of capitalist patriarchy. Today the contest between an ecological and feminist world-view and a worldview shaped by capitalist patriarchy is more intense than ever. This contest is particularly intense in the area of food. GMOs embody the vision of capitalist patriarchy. They perpetuate the idea of ‘master molecules’and mechanistic reductionism long after the life sciences have gone beyond reductionism, and patents on life reflect the capitalist patriarchal illusion of creation. There is no science in viewing DNA as a ‘master molecule’ and genetic engineering as a game of Lego, in which genes are moved around without any impact on the organism or the environment. This is a new pseudo-science that has taken on the status of a religion.Science cannot justify patents on life and seed. Shuffling genes is not making life; living organisms make themselves. Patents on seed mean denying the contributions of millions of years of evolution and thousands of years of farmers’ breeding. One could say that a new religion, a new cosmology, a new creation myth is being put in place, where biotechnology corporations like Monsanto replace Creation as ‘creators’. GMO means ‘God move over’.Stewart Brand has actually said ‘We are as gods and we had better get used to it.’"

- Patriarchy

0 likesFamilyLawSocial sciencesFeminismMen
"Freedom of speech and of the press are which are safeguarded by the of the Fourteenth Amendment of the Federal Constitution. [...] The right of peaceable assembly is a right cognate to those of free speech and free press, and is equally fundamental. [...] The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances. The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause. [...] These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed. The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the s of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government."

- Freedom of assembly

0 likesLawHuman rights
"Before I begin, I hope you will allow me a personal reference. Throughout all of the painstaking proceedings of this committee, I as the chairman have been guided by a simple principle, the principle that the law must deal fairly with every man. For me, this is the oldest principle of democracy. It is this simple, but great principle which enables man to live justly and in decency in a free society. It is now almost fifteen centuries since the Emperor Justinian, from whose name the word “justice” is derived, established this principle for the free citizens of Rome. Seven centuries have now passed since the English barons proclaimed the same principle by compelling King John, at the point of the sword, to accept a great doctrine of Magna Carta, the doctrine that the king, like each of his subjects, was under God and the law. Almost two centuries ago the Founding Fathers of the United States reaffirmed and refined this principle so that here all men are under the law, and it is only the people who are sovereign. So speaks our Constitution, and it is under our Constitution, the supreme law of our land, that we proceed through the sole power of impeachment. We have reached the moment when we are ready to debate resolutions whether or not the Committee on the Judiciary should recommend that the House of Representatives adopt articles calling for the impeachment of Richard M. Nixon. Make no mistake about it. This is a turning point, whatever we decide. Our judgment is not concerned with an individual but with a system of constitutional government."

- Rule of law

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"That possibility was the basic need for this rigmarole, and why only the first letters of the code words “Talent” (for U-2 photography) and “Keyhole” (for the reconnaissance satellite program and photos) were to be mentioned in a public place, where they might be overheard. Elaborate as it sounds, this two-phone-call routine was something I practiced many times in later years before talking with someone whose access was not known to me. Procedures like this—and the sanction of being summarily cut off from access, involvement, and advancement by violating them—kept a vast amount of information relevant to government decision-making (“higher than Top Secret,” SCI) secret from the public, Congress, and most of the government, along with foreigners and enemies, for long periods of time; they were proof against leaks for decades and generations, even when information was known to hundreds or thousands of individuals cleared for it. The cliché that “everything leaks; it all comes out in the New York Times eventually” is emphatically not true, above all for sensitive compartmented information. It’s a cover story, designed both to hide and sustain the effectiveness of the overall secrecy system. (Edward Snowden was the first ever to expose a large amount of SCI, including massively unconstitutional and criminal dragnet surveillance of American citizens and others in the world without probable cause for suspicion. Many thousands of NSA employees had known for a decade of that mass surveillance and its criminality. Not one other had disclosed it. Snowden is currently in exile, probably for life.)"

- Classified information

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"By sanctifying cruelty, early Christianity set a precedent for more than a millennium of systematic torture in Christian Europe. If you understand the expressions to burn at the stake, to hold his feet to the fire, to break a butterfly on the wheel, to be racked with pain, to be drawn and quartered, to disembowel, to flay, to press, the thumbscrew, the garrote, a slow burn, and the iron maiden (a hollow hinged statue lined with nails, later taken as the name of a heavy-metal rock band), you are familiar with a fraction of the ways that heretics were brutalized during the Middle Ages and early modern period. During the Spanish Inquisition, church officials concluded that the conversions of thousands of former Jews didn’t take. To compel the conversos to confess their hidden apostasy, the inquisitors tied their arms behind their backs, hoisted them by their wrists, and dropped them in a series of violent jerks, rupturing their tendons and pulling their arms out of their sockets. Many others were burned alive, a fate that also befell Michael Servetus for questioning the trinity, Giordano Bruno for believing (among other things) that the earth went around the sun, and William Tyndale for translating the Bible into English. Galileo, perhaps the most famous victim of the Inquisition, got off easy: he was only shown the instruments of torture (in particular, the rack) and was given the opportunity to recant for “having held and believed that the sun is the center of the world and immovable, and that the earth is not the center and moves.”"

- Inquisition

0 likesChristianity and other religionsLawHistoryHistory of Christianity
"Institutionalized torture in Christendom was not just an unthinking habit; it had a moral rationale. If you really believe that failing to accept Jesus as one’s savior is a ticket to fiery damnation, then torturing a person until he acknowledges this truth is doing him the biggest favor of his life: better a few hours now than an eternity later. And silencing a person before he can corrupt others, or making an example of him to deter the rest, is a responsible public health measure. Saint Augustine brought the point home with a pair of analogies: a good father prevents his son from picking up a venomous snake, and a good gardener cuts off a rotten branch to save the rest of the tree. The method of choice had been specified by Jesus himself: “If a man abide not in me, he is cast forth as a branch, and is withered; and men gather them, and cast them into the fire, and they are burned.” Once again, the point of this discussion is not to accuse Christians of endorsing torture and persecution. Of course most devout Christians today are thoroughly tolerant and humane people. Even those who thunder from televised pulpits do not call for burning heretics alive or hoisting Jews on the strappado. The question is why they don’t, given that their beliefs imply that it would serve the greater good. The answer is that people in the West today compartmentalize their religious ideology. When they affirm their faith in houses of worship, they profess beliefs that have barely changed in two thousand years. But when it comes to their actions, they respect modern norms of nonviolence and toleration, a benevolent hypocrisy for which we should all be grateful."

- Inquisition

0 likesChristianity and other religionsLawHistoryHistory of Christianity
"Nobody knows the exact figure because records were not kept, but it seems certain that during a three hundred year period between three and five million women were tortured and killed by the “Holy Inquisition,“ an institution founded by the Roman Catholic Church to suppress heresy. This sure ranks together with the Holocaust as one of the darkest chapters in human history. It was enough for a woman to show a love for animals, walk alone in the fields or woods, or gather medicinal plants to be branded a witch, then tortured and burned at the stake. The sacred feminine was declared demonic, and an entire dimension largely disappeared from human experience. Other cultures and religions, such as Judaism, Islam, and even Buddhism, also suppressed the female dimension, although in a less violent way. Women's status was reduced to being child bearers and men's property. Males who denied the feminine even within themselves were now running the world, a world that was totally out of balance. The rest is history or rather a case history of insanity... The female form is less rigidly encapsulated than the male, has greater openness and sensitivity toward other lifeforms, and is more attuned to the natural world... If the balance between male and female energies had not been destroyed on our planet, the ego's growth would have been greatly curtailed. We would not have declared war on nature, and we would not be so completely alienated from our Being."

- Inquisition

0 likesChristianity and other religionsLawHistoryHistory of Christianity
"Danish Defence Minister Troels Lund Poulsen said the intention was to have a military presence "in rotation", with the aim of having a more permanent military presence on the island with foreign allies taking part in exercise and training activities. Copenhagen has disputed Trump's justification for wanting to control Greenland. Foreign Minister Lars Lokke Rasmussen said on Wednesday there was no "instant threat" from China or Russia that Denmark and Greenland could not accommodate, although he shared American security concerns to some extent. A Democratic-led US delegation is due to visit Denmark on Friday for talks with Danish MPs. Rasmussen spoke alongside Greenland's foreign minister after talks with US Vice-President JD Vance and Secretary of State Marco Rubio. The Danish diplomat said the talks were "frank but constructive". He described a "fundamental disagreement" between the two sides and later criticised Trump's bid to buy Greenland. "The president's ambition is on the table," the Danish diplomat told Fox News. "Of course we have our red lines. This is 2026, you trade with people but you don't trade people." Greenland's Prime Minister, Jens-Frederik Nielsen, said this week that the territory was in the midst of a geopolitical crisis, and that if his people were asked to make a choice they would choose Denmark over the US. "Greenland does not want to be owned by the United States. Greenland does not want to be governed by the United States. Greenland does not want to be part of the United States," he stressed."

- NATO

0 likesLawNATO
"When times are good, capital can extract huge profits from labor with little risk. For instance, after the last economic crisis, the (thanks in large part to government bailouts) not only managed to recover all of its losses by 2013, it then proceeded to almost double its value in the seven years that followed — an average rate of growth equal to about 14 percent per year. By contrast, average hourly wages for working people, which rose less than three percent per year for most of that same period, recovered much more slowly, and many workers actually saw their wages fall or remain flat when adjusted for inflation. When times are bad, however, in moments of crisis, when profits are low, or when there is little or no demand — such as we are seeing in many industries today — corporations and companies can protect themselves and their by simply letting workers go. Workers, on the other hand usually must continue to pay for food, rent, healthcare, and basic utilities in order to survive. As a consequence, while capital can often weather the storm of such economic crises, they can severely weaken the power of the working class by creating what Marx called a vast . And since unemployment insurance compensations are rarely available to all and always only for a short period of time, workers — whether laid off or only threatened with the prospect of layoffs—will eventually be pressured to work much harder for less wages. And this is precisely why the future of worker’s power depends on how we respond to this crisis now. While capitalists and their paid politicians will scoff at these demands, claiming they are economically infeasible or impossible, this is because they only understand the language of profit and cannot imagine a world run for the benefit of all. Nonetheless, the fact remains that capital has significant resources that could and must be made available to all working people."

- Layoff

0 likesLaborLaw
"As regards the laws, they are scarcely observed at all, for the administration is absolutely autocratic, but there are books of law, which are in charge of their lawyers, the Kazis. Their laws contain such provisions as hand for hand, eye for eye, tooth for tooth; but who will excommunicate the Pope? And who would dare to ask a Governor “Why do you rule us this way or that way? Our Law orders thus.” The facts are very different, although in every city there is a kachhahri, or royal court of justice, where the Governor, the Diwan, the Bakhshi, the Kotwal, the Kazi, and other officers sit together daily, or four days in the week. Here all disputes are disposed of, but not until avarice has had its share. All capital cases, such as thefts, murders, or crimes are finally disposed of by the Governor, if the criminals are poor and unable to pay, and the sweepers drag them out to execution with very little ceremony. In the case of other offences the criminals are seldom or never executed; their property is merely confiscated for the Governor and Kotwal. Ordinary questions of divorce, quarrels, fights, threats, and the like, are in the hands of the Kotwal and the Kazi. One must indeed be sorry for the man who has to come to judgment before these godless ‘unjudges’; their eyes are bleared with greed, their mouths gape like wolves for covetousness, and their bellies hunger for the bread of the poor; everyone stands with hands open to receive, for no mercy or compassion can be had except on payment of cash. This fault should not be attributed to judges or officers alone, for the evil is a universal plague; from the least to the greatest, right up to the King himself, everyone is infected with insatiable greed, so that if one has any business to transact with Governors or in palaces, he must not set about it without “the vision of angels’, for without presents he need expect very little answer to his petitions. Our honourable employers need not deign to be surprised at this, for it is the custom of the country."

- Law of India

0 likesIndiaLawLaw of India
"Although the notion of absolute power admits of nothing which can be sanctified from its grasp, whence the king, as in other despotic States, may, if he pleases, become heir to any man in his kingdom: yet custom has not established this right to him in Indostan; and these perhaps are the reasons why neither the Moors or Gentoos have been subjected to it. 1. All the political institutions of the Gentoos are so blended with the idea of religion, that this is generally effected where these are concerned. The softness of manners which these people receive from the climate, has fixed all their attention to the solaces of a domestic life. There are not more tender parents, or better masters, in the world: such a people will make wills in favour of their offspring: and the prince finds himself restrained by policy from establishing a right so utterly shocking to the nature and disposition of the subject. He is likewise restrained by religion: the name of God invoked in the testament of a Gentoo, gives it as sacred an authority as with those who have better notions of a deity; and the Brachman is too much interested, as father of a family, to sanctify a practice which would affect his own property. Thus the Gentoo princes were never seen to assert this right, excepting when avarice had got so far the ascendant, as not only to confound all their notions of policy, but even to make them look on religion as the prejudice of education. 2. The Moors, in the first outrages of conquest, doubtless possessed themselves of all kinds of property: but when the Gentoos would not be converted, and were left to the observance of their own rites, the right of testaments was continued, and still subsists amongst them. The Gentoos, by their subtilty and application, find many means of gaining wealth under the Moors; and this wealth they devolve by will to their male children. The obstacles which these may meet with in taking possession, will be explained hereafter. 3. The idea of being fellow-conquerors; the complacency arising from perpetual victories; the immense wealth which these conquests afforded; might have been the causes which prevented the first Mahomedan princes of Indostan, from establishing amongst those of their own religion, this utmost effort of absolute power. They were contended with knowing that they had at all times the power to seize, without declaring that they intended to inherit every man’s property. 6. …The different methods of inheritance amongst the Gentoos, are settled by their religion, according to the different casts by which they are distinguished. In general, the females are recommended to the care of the brothers; and these are commonly ordered to divide equally: sometimes first cousins, especially if born under the same roof, share equally with the brothers: sometimes the first wife of the deceased is intrusted with the management of the whole estate during life – a custom attended with no consequences prejudicial to the children, as she cannot enter into a second marriage. It is always recommended by the parent, that the house, if in a way of trade, be not divided; and as surely it happens, that divisions ensure amongst the heirs."

- Law of India

0 likesIndiaLawLaw of India
"Nothus and Spurius are certainly not used in parish registers in the strict sense above defined, in fact, the terms used varied more according to the righteous wrath of the recording parson, who, perhaps, thereby expressed his disgust at the offence; mark the gentleness of this: William, son of Lord Talbot, per Dutchess of Beaufort, ut asseritur, born Nov. 1st, 1743, bapt. Mar. 24th, 1743/4. (St. Pancras.)And the severity of these:— 1590. John, the son of a strumpet born at Ockleys, bapt. May 28th. (Kington, Worc.) 1697. May 10th. Wm. son of Mary Hewett, the whore, bapt. (Stony Stratford.) 1774. May 22nd. Mary, the beast boarn dautr. of Mary More was bapt. (Huddington.) 1788. Sarah, dau. of Jane Beament (prostitute), Oct. 5th bapt. (Tarrant Hinton.)Other methods of expression are:— 1560. Bridget and Elizabeth, the daughters of adultery, bapt. Jan. 1st. (Chesham.) 1567. Alice, daught. of Margery Meretrix, bapt. Dec. 25th. (Chesham.) 1615. Arthur Cuthbert filius cuiusdam circumforanei, bapt. April 15th. (Woughton.) 1625. June 29th. Lucia f. (ut putatur) Thos. Cock and Eliz. Henbury, alias Pierse, alias Vaughan, meretricis eius et impurissimi scorti, bapt. (Hopton Castle.) 1669. Margaret, the daughter (spuria) of David de la Hay and Jane his concubine, was bapt. Sept. 12th. (Glasbury.) 1702. Dec. 20th. Sarah, illeg. child of Hugh Isaack's wid. by an anonymous father, bapt. (Selattyn.)Particulars about paternity are very common, for sharp search was always made by parish officers after the fathers of illegitimate children to prevent expense to the rates. 1603. Hughe Pigot, a Bastard son of Margaret Pigot begotten as she sayeth by Michael Harrison an hostler dwelling wth one Mr. ffroome in London near Newgate att the signe of the seriante Head xped xxxj Julie. (Mark Fryston.) Katheren Heath, ye daughter of Geoffry Heath yf ye mother of ye child hath fathered it right, was babt. 22nd August, 1613. (Banstead.) 1634. Ann, ye daughter of Joane Money & John Bayley ye supposed father begotten in fornication was baptized March 15th. (Morden.) 1704. 26th Sept. Jane, ye dautr. of Susannah Newman, ye father unknown, bap. (Bere Hacket.) 1787. Oct. 28th. Mary, illeg. daugh. of Mary Webb was bapt. (P). Her Mother said she was then fourteen years old. (Canon Frome.) 1766. Mar. 3rd. Sarah, the Bastard Dau. of Sarah Smallwood of Baton, Widow, aged about 50 years was bapt. (Bletchley.)The above examples are selections only from the numberless entries of similar nature; the forms, words and expressions used are of very great variety. On the whole, as the average entry of a "bastard" contains more detail than that of the legitimate, the genealogist should pay careful attention to these cases and see if the child died, for the mortality among illegitimate infants was much higher than the general infant death rate."

- Legitimacy (family law)

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