Law

"The Judge has not organs to know and to deal with the text of the foreign law, and therefore requires the assistance of a foreign lawyer who knows how to interpret it."

"The sentences of foreign Courts have always some degree of regard paid to them by the Courts of justice here: and it is very right that an attention should be paid to them, as far as they ought to have weight in the case depending."

"I don't know what it means to express confidence that judges will do what they ought to do, after having read the foreign law. My problem is I don't know what they ought to do. What is it that they ought to do? You have to ask yourselves, Why is it that foreign law would be relevant to what an American judge does when he interprets -- interprets, not writes -- I mean, the Founders used a lot of foreign law. If you read the Federalist Papers, it's full of discussions of the Swiss system, German system. It's full of that. It is very useful in devising a constitution. But why is it useful in interpreting one?"

"If you have that philosophy, obviously foreign law is irrelevant with one exception: Old English law, because phrases like "due process," the "right of confrontation" and things of that sort were all taken from English law. So the reality is I use foreign law more than anybody on the Court. But it's all old English law."

"But that's the document, I'm interpreting that document. And to think that one might learn from other countries in how best to apply this American Constitution is something I think -- I've been reading about the Founding Fathers, and I think Franklin and Hamilton and Jefferson and Madison and maybe even George Washington all would have thought that we, on occasion at least, can learn something about our country and our law and our document from what happens elsewhere."

"Although the decisions of the American Courts are of course not binding on us, yet the sound and enlightened views of American lawyers in the administration and development of the law—a law, except so far as altered by statutory enactment, derived from a common source with our own—entitle their decisions to the utmost respect and confidence on our part."

"Although American decisions are not binding on us in this country, I have always found those on insurance law to be based on sound reasoning and to be such as ought to be carefully considered by us and with an earnest desire to endeavour to agree with them."

"I need hardly say that I am always anxious to hear if there be any American decisions bearing upon the question before me, not because they are binding authorities upon me, but in order that I may get the very assistance which I have over and over again derived from the decisions of accomplished Judges, who are dealing with what is very much the same law as our own."

"Do you think things outside the United States cannot be relevant to an understanding of how to apply the American Constitution? That's what's at issue. What is at issue is the extent to which you might learn from other places facts that would help you apply the Constitution of the United States. And in today's world, as I've said, where experiences are becoming more and more similar, I think that there is often -- not a lot, not always -- but in a finite number of instances there is something to learn about how to interpret this document."

"I am bound to administer the law here according to the best construction that I can put upon the intent and meaning of the authorities applicable to the cases before me."

"All laws stand on the best and broadest basis which go to enforce moral and social duties."

"It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation."

"It is not the function of a Court of justice to enforce or give effect to moral obligations which do not carry with them legal or equitable rights."

"II est fort equitable et de publique convenience que gens ferront aide en recovery de lour duties (It is very agreeable to Equity, and of public convenience, that people should be aided in recovering their duties)."

"Confederacies and combinations are very proper heads of relief."

"Altho' the surety is not troubled or molested for the debt, yet at any time after the money becomes payable on the original bond, this Court will decree the principal to discharge the debt; it being unreasonable that a man shall always have such a cloud hang over him."

"It is the constant practice of Courts of equity to discourage stale demands."

"A Court of equity which is never active in relief against conscience, or public convenience, has always refused its aid to stale demands where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this Court into activity, but conscience, good faith and reasonable diligence; where these are wanting, the Court is passive and does nothing."

"A Court of equity interposes only according to conscience."

"He has been emphatically called 'the father of equity.'""

"When this is said, it does not mean a general depravity; it must have an immediate and necessary relation to the equity sued for ; it must be a depravity in a legal, as well as in a moral sense."

"Though proceedings in equity are said to be seeundem discretkmem boni viri, yet when it is asked, "Vir bonus est quis?" the answer is, "Qui consulta patrum, qui leges juraque servat.""

"The paternal jurisdiction of Courts of equity."

"The strict primary decree of this Court, as a Court of equity, is in personam."

"In this case the plaintiff does not come into Court with clean hands; he alleges his own turpitude, and is indictable for his fraud."

"When any one comes into a Court of equity to ask that which would not be granted in a Court of law, that person must come into Court with clean hands."

"It is a rule that those who come into a Court of justice to seek redress, must come with clean hands, and must disclose a transaction warranted by law."

"A man must come into a Court of equity with clean hands."

"Equity has not relieved against gross improvidence."

"A Court of equity may do great things, but cannot alter things, or make them to operate contrary to their essential natures and properties."

"This Court should determine upon broad principles which will meet the common sense of mankind."

""Equity is a roguish thing : for law we have a measure ; know what to trust to. Equity is according to the conscience of him that is Chancellor; and, as that is larger or narrower, so is equity. 'Tis all one, as if they should make his foot the standard for the measure we call a foot 'a Chancellor's foot'; what an uncertain measure would this be! One Chancellor has a long foot. another a short foot, a third an indifferent foot; 'tis the same thing in the Chancellor's conscience."

"I think that common law is better than equity."

"It must not be forgotten that the rules of Courts of equity are not, like the rules of the common law, supposed to have been established from time immemorial. It is perfectly well known that they have been established from time to time—altered, improved, and refined from time to time. In many cases we know the names of the Chancellors who invented them. No doubt they were invented for the purpose of securing the better administration of justice, but still they were invented. Take such things as these: the separate use of a married woman, the restraint on alienation, the modern rule against perpetuities, and the rules of equitable waste. We can name the Chancellors who first invented them, and state the date when they were first introduced into Equity jurisprudence; and therefore, in cases of this kind, the older precedents in equity are of little value. The doctrines are progressive, refined, and improved; and if we want to know what the rules of Equity are, we must look, of course, rather to the more modern than the more ancient cases."

"I cannot agree that the doctrines of this Court are to be changed with every succeeding Judge. Nothing would inflict on me greater pain in quitting this place, than the recollection that I had done anything to justify the reproach that the equity of this Court varies like the Chancellor's foot."

"Equity in its true and genuine meaning, is the soul and spirit of all law; positive law is construed, and rational law is made, by it. In this, equity is synonymous to justice; in that, to the true sense and sound interpretation of the rule."

"I have always thought that formerly there was too confined a way of thinking in the Judges of the common law Courts, and that Courts of equity have risen by the Judges not properly applying the principles of the common law, being too narrowly governed by old cases and maxims, which have too much prevented the public from having the benefit of the common law."

"We are now Courts of equity, and must decide the thing according to all the rights."

"We ought not to interpose in a matter which seems peculiarly to belong to the jurisdiction of a Court of equity."

"Courts of equity have always considered it of the greatest possible importance that parties should not sleep on their rights."

"Courts of equity in ancient times, were more in the habit of taking to themselves the decision of questions of fact than they have thought wise and discreet in later times. All the Judges have demonstrated their opinion, to send the question of fact to a jury, where any reasonable doubt is raised; and I cannot suppose there is any prejudice in a tribunal appointed according to the constitution of the country to try the fact."

"I do not pretend to dispense equity at large, but only by the consent of the parties, upon a rule of Court."

"A party who seeks equity must do equity."

"A Court of equity knows its own province."

"A Judge ought to prepare his way to a just sentence, as God useth to prepare his way, by raising valleys and taking down hills: so when there appeareth on either side a high hand, violent prosecution, cunning advantages taken, combination, power, great counsel, then is the virtue of a Judge seen to make inequality equal; that he may plant his judgment as upon even ground."

"Law, without equity, though hard and disagreeable, is much more desirable for the public good, than equity without law."

"The Chancellor hath power to moderate and temper the written law, and subjecteth himself only to the law of nature and reason."

"It appears to me to be the duty of every Court, whether a Court of equity or a Court of law, to give effect to the plain meaning of the Legislature, whatever may be the views entertained of its policy or applicability in particular cases."

"The course of equity is a part of the constitution of the law and judicial proceedings in this kingdom."

"Nor doth the law of the land speak against him. But that and equity ought to join hand in hand, in moderating and restraining all extremities and hardships. . . . They both aim at one and the same end, which is, to do right."