Law

"An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law."

"One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all.""

"Education does have a great role to play in this period of transition. But it is not either education or legislation; it is both education and legislation. It may be true that morality cannot be legislated, but behavior can be regulated. It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I think that’s pretty important also. It may be true that the law cannot change the heart, but it can restrain the heartless, and this is what we often so and we have to do in society through legislation. We must depend on religion and education to change bad internal attitudes, but we need legislation to control the external effects of those bad internal attitudes. And so there is a need for meaningful civil right legislation."

"Certain other societies may respect the rule of force--we respect the rule of law."

"He knows that law is the adhesive force in the cement of society, creating order out of chaos and coherence in place of anarchy. He knows that for one man to defy a law or court order he does not like is to invite others to defy those which they do not like, leading to a breakdown of all justice and all order. He knows, too, that every fellowman is entitled to be regarded with decency and treated with dignity. Any educated citizen who seeks to subvert the law, to suppress freedom, or to subject other human beings to acts that are less than human, degrades his heritage, ignores his learning, and betrays his obligation."

"Third, and finally, the educated citizen has an obligation to uphold the law. This is the obligation of every citizen in a free and peaceful society--but the educated citizen has a special responsibility by the virtue of his greater understanding. For whether he has ever studied history or current events, ethics or civics, the rules of a profession or the tools of a trade, he knows that only a respect for the law makes it possible for free men to dwell together in peace and progress."

"In 1945 a Mississippi sergeant, Jake Lindsey, was honored by an unusual joint session of the Congress. I close therefore, with this appeal to the students of the University, the people who are most concerned. You have a great tradition to uphold, a tradition of honor and courage won on the field of battle and on the gridiron as well as the University campus. You have a new opportunity to show that you are men of patriotism and integrity. For the most effective means of upholding the law is not the State policeman or the marshals or the National Guard. It is you. It lies in your courage to accept those laws with which you disagree as well as those with which you agree."

"All students, members of the faculty, and public officials in both Mississippi and the Nation will be able, it is hoped, to return to their normal activities with full confidence in the integrity of American law. This is as it should be, for our Nation is founded on the principle that observance of the law is the eternal safeguard of liberty and defiance of the law is the surest road to tyranny. The law which we obey includes the final rulings of the courts, as well as the enactments of our legislative bodies. Even among law-abiding men few laws are universally loved, but they are uniformly respected and not resisted. Americans are free, in short, to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors."

"Disarmament without checks is but a shadow--and a community without law is but a shell."

"Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

"Law is one site to both “remember the future” and to insure that the future remembers. Perhaps by paying attention to how law serves memory we can gain new understandings of law’s crucial role in knitting together our past, present and future. Perhaps by attending to the contestation that inevitably accompanies efforts to materialize memory in law we can gain a better understanding of the ways that social conflict plays itself out on the terrain of remembrance."

"Because the litigated case creates a record, courts can become archives in which that record serves as the materialization of memory. Due process guarantees an opportunity to be heard by, and an opportunity to speak to, the future. It is the guarantee that legal institutions can be turned into museums of unnecessary, unjust, undeserved pain and death. The legal hearing provides lawyers and litigants an opportunity to write and record history by creating narratives of present injustices, and to insist on memory in the face of denial. By recording such history and constructing such narratives lawyers and litigants call on an imagined future to choose Justice over the “jurispathic” tendencies of the moment."

"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 our society’s technologies for preserving memory. Just as the use of precedent to legitimate legal decisions fixes law in a particular 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."

"We all know that the roots of injustice run deep. But violence cannot redress a solitary wrong, or remedy a single unfairness. Of course, all America is outraged at the assassination of an outstanding Negro leader who was at that meeting that afternoon in the White House in 1966. And America is also outraged at the looting and the burning that defiles our democracy. We just must put our shoulders together and put a stop to both. The time is here. Action must be now. So, I would appeal to my fellow Americans by saying, the only real road to progress for free people is through the process of law and that is the road that America will travel."

"The law cannot save those who deny it but neither can the law serve any who do not use it. The history of injustice and inequality is a history of disuse of the law. Law has not failed--and is not failing. We as a nation have failed ourselves by not trusting the law and by not using the law to gain sooner the ends of justice which law alone serves."

"The ruling powers tell us poor lower-class folks that we have an obligation, a social responsibility to society, to abide by the law, but they don’t have any social responsibility to us to help us meet our needs. It’s pure bourgeoisie class-based morality, a morality that serves the ruling class, not the masses of the oppressed."

"Do not lay down any rules beyond what I appointed you, and do not give a law like the lawgiver lest you be constrained by it."

"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add "within the limits of the law" because law is often but the tyrant's will, and always so when it violates the rights of the individual."

"I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors. It is this preposterous idea which has lately deluged Europe in blood. Their monarchs, instead of wisely yielding to the gradual change of circumstances, of favoring progressive accommodation to progressive improvement, have clung to old abuses, entrenched themselves behind steady habits, and obliged their subjects to seek through blood and violence rash and ruinous innovations, which, had they been referred to the peaceful deliberations and collected wisdom of the nation, would have been put into acceptable and salutary forms. Let us follow no such examples, nor weakly believe that one generation is not as capable as another of taking care of itself, and of ordering its own affairs."

"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."

"The only law that a Christian should listen to and read is the law of God's Commandments. And it is not right to comply with, implement or observe any other law."

"The life of the law has not been logic; it has been experience... The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics."

"The laws were very comical; to bet was voted lax, But your betting was the only thing that nobody could tax."

"It seems to me that any law that is not enforced and can’t be enforced weakens all other laws."

"The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved."

"If you cannot recognise the will of the Führer as a source of law, then you cannot remain a judge."

"For those who think it important for the Nation to impose more tariffs, I understand that today’s decision will be disappointing. All I can offer them is that most major decisions affecting the rights and responsibilities of the American people (including the duty to pay taxes and tariffs) are funneled through the legislative process for a reason. Yes, legislating can be hard and take time. And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design. Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man. There, deliberation tempers impulse, and compromise hammers disagreements into workable solutions. And because laws must earn such broad support to survive the legislative process, they tend to endure, allowing ordinary people to plan their lives in ways they cannot when the rules shift from day to day. In all, the legislative process helps ensure each of us has a stake in the laws that govern us and in the Nation’s future. For some today, the weight of those virtues is apparent. For others, it may not seem so obvious. But if history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is."

"I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution."

"It is the law of life that if you are kind to someone you feel happy. If you are cruel you are unhappy. And if you hurt someone, you will be hurt back."

"The rule of law can be wiped out in one misguided, however well-intentioned generation. And if that should happen, it could take a century of striving and ordeal to restore it, and then only at the cost of the lives of many good men and women."

"But speaking of rules, you've been arrested dozens of times in your life. Specific incidents aside, what's common to these run-ins? Where do you stand vis-à-vis the law? "Goddammit. Yeah, I have. First, there's a huge difference between being arrested and being guilty. Second, see, the law changes and I don't. How I stand vis-à-vis the law at any given moment depends on the law. The law can change from state to state, from nation to nation, from city to city. I guess I have to go by a higher law. How's that? Yeah, I consider myself a road man for the lords of karma.""

"Laws grind the poor, and rich men rule the law."

"The function of the lawyer is to preserve a sceptical relativism in a society hell-bent for absolutes. The worse the society, the more law there will be. In Hell there will be nothing but law and due process will be meticulously observed."

"The Law is the true embodiment, Of everything that's excellent, It has no kind of fault or flaw, And I, my Lords, embody the Law."

"I believe that each era finds a [sic] improvement in law each year brings something new for the benefit of mankind. Maybe this will be one of those small steps forward, in the past thirty-five years I have seen great advancement in courts in penal servitude."

"I am a lover of truth, a worshipper of freedom, a celebrant at the altar of language and purity and tolerance. That is my religion, and every day I am sorely, grossly, heinously and deeply offended, wounded, mortified and injured by a thousand different blasphemies against it. When the fundamental canons of truth, honesty, compassion and decency are hourly assaulted by fatuous bishops, pompous, illiberal and ignorant priests, politicians and prelates, sanctimonious censors, self-appointed moralists and busy-bodies, what recourse of ancient laws have I? None whatever. Nor would I ask for any. For unlike these blistering imbeciles my belief in my religion is strong and I know that lies will always fail and indecency and intolerance will always perish."

"If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. Legal process is an essential part of the democratic process."

"La majestueuse égalité des lois, qui interdit au riche comme au pauvre de coucher sous les ponts, de mendier dans les rues et de voler du pain."

"Let me make the ballads of a nation and I care not who makes its laws."

"That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a Maxim that has been long and generally approved."

"Justice without power is incompetence. Power without justice is also incompetence."

"There in no virtue so truly great and godlike as justice.... To be perfectly just is an attribute in the divine nature; to be so to the utmost of our abilities, is the glory of man."

"Justice discards party, friendship, kindred, and is therefore always represented as blind."

"Justice puts everything in its place and generosity takes it out of its place. Justice is the protector of all, and generosity includes only the one to whom forgiveness has been bestowed. Therefore, justice is more honorable and superior than generosity."

"Justice is not a prize tendered to the good-natured, nor is it to be withheld from the ill-bred."

"The blessings we associate with a life of refinement and culture can be made universal. The good we secure for ourselves is precarious and uncertain until it is secured for all of us and incorporated into our common life."

"Justice turns the scale, bringing to some learning through suffering."

"Swift-footed is the approach of fate, And none can justice violate, But feels its stern hand soon or late."

"Justice, voiceless, unseen, seeth thee when thou sleepest and when thou goest forth and when thou liest down. Continually doth she attend thee, now aslant thy course, now at a later time."

"Justice demands more than punishment. It demands truth."