Law

"We must want equality, and we must grasp that equality does not coexist with class structure."

"Lord Chief Justice Gibbs used to say that he could get authorities in the Year-Books for any side in any thing."

"Judicial decisions in Courts of justice are ranked by Lord Hale as one of the grounds or constituents of the common law."

"It is the principle of the decision by which we are bound, not a mere rule that in exactly the same circumstances we are to arrive at the same conclusions. Therefore to say that the decisions are wrong in point of principle, if that principle was clearly laid down, does not relieve us from the obligation of following the principle of the decision, because the whole theory of our system is, that the decision of a superior Court is binding on an inferior Court and on a Court of co-ordinate jurisdiction, in so far as it is a statement of the law which the Court is bound to accept."

"Judicial opinion has varied a great deal, and must vary a great deal, when you consider the ground upon which that judicial opinion or those judicial opinions have been founded."

"Decisions are to be followed as precedents."

"I have often said, and I repeat it, that the only thing in a Judge's decision binding as an authority upon a subsequent Judge is the principle upon which the case was decided: but it is not sufficient that the case should have been decided on a principle if that principle is not itself a right principle, or one not applicable to the case; and it is for a subsequent Judge to say whether or not it is a right principle, and, if not, he may himself lay down the true principle. In that case the prior decision ceases to be a binding authority or guide for any subsequent Judge, for the second Judge who lays down the principle in effect reverses the decision."

"Judiciis posterioribus fides est adhibenda : Credit is to be taken to the later decisions."

"Judicia posteriora sunt in lege fortiora: The later decisions are the stronger in law."

"Judgments are in their nature equal till they are reversed, in what Court soever they are obtained; a judgment in a Court of record by grant, is equal to a judgment in a Court of record by prescription; and a judgment in a Court piepoudre is equal to a judgment in any of the superior Courts."

"It is the duty of the Court not to alter a decision brought in review before it, merely because another view, perhaps as good, may be presented. In matters involving discretion it is often very difficult to say with certainty which decision is right."

"It is my misfortune to differ in opinion from some decisions of this Court, not from captious motives, but from a conscientious conviction, that those decisions are not founded upon the true principles of law and justice; and therefore I feel it my duty to endeavour to effect a restoration of the law to its true constitutional and legitimate standard1: when I shall be told by the highest Court of Judicature in this kingdom, assisted by the other Judges of Westminster Hall (as I suppose that assistance would be called in), that the decisions I oppose are right; I shall then acquiesce and conform to them."

"This Court is bound to adhere loyally to former decisions unless clearly satisfied that they are wrong. But, if we are satisfied that a former decision is clearly wrong, and not warranted by law, we ought not blindly to follow it: and I am satisfied that the Court has acted upon that principle on more than one occasion. … I agree also that the Court should use the utmost circumspection in overruling a case which has been acted upon for several years, and especially after subsequent legislation upon the subject, which has left the decision untouched."

"To be sure the Court regularly adheres to regular judgments, if in the support of the merits and justice; but if against the merits and justice they always get rid of the mere formality of them; but they do it upon terms."

"It is certainly true that from the reign of Edward VI. to the end of the reign of James I., many decisions will be found turning on many nice points, and many now apparently frivolous objections have been entertained, but it was not because the Judges who graced the bench in those days were inferior, either in intellect or in learning, to those who now sit on it; in the last, I fear, they would be found our masters; but it is because a greater liberality of sentiment now prevails in the decisions of Courts of justice."

"I cannot help observing, that many of those who have written in support of our ancient system of jurisprudence, the growth of the wisdom of man for so many ages, are not as they are alleged by some to be men writing from their closets without any knowledge of the affairs of life, but persons mixing with the mass of society, and capable of receiving practical experience of the soundness of the maxims they inculcate."

"Year-books, books written of the law of England, and judgments in Parliament, are three of the authorities, and they are thesauri aperti. Judicial records and precedents are the fourth, and they are thesauri absconditi."

"Mankind naturally give evidence to the constituted Courts, and reputation is incurably damaged by their decisions, whether erroneous or not."

"The headnote is the fair epitome of the decision."

"Where there is a decision precisely in point, it is better to follow it."

"I must look at the decision with reference to all the circumstances which led to it."

"A collection of records may be the result of professional knowledge, research, and skill, just as a collection of curiosities is the result of the skill and knowledge of the antiquarian or virtuoso."

"A series of decisions based upon grounds of public policy, however eminent the Judges by whom they were delivered, cannot possess the same binding authority as decisions which deal with and formulate principles which are purely legal."

"When we find a series of decisions running down from the time of Sir William Grant, we should be very cautious, and very slow to overrule them."

"A great deal of difficulty has been caused in the administration of the law, and particularly of the common law, by decisions in which technical rules have been formulated which were not true—that is, were not in accordance with the facts of the case."

"I will have it done, that it may remain a decision in perpetuam rei memoriam."

"It is a matter of great difficulty to a Judge who disapproves of a decision to be quite sure that he is honestly distinguishing the case in which it was given from the case before him. Of course, the inclination of his mind is to find every distinction sufficient, and therefore he must be particularly on his guard to see that he does not unfairly distinguish with a view to getting rid of the original decision. I have tried in every instance before me to be thus on my guard, but whether I have succeeded or not will be for others to say."

"I think that the proper and safe course is to follow a decision of a Court of co-ordinate jurisdiction, unless some cogent reason is given to the contrary."

"It is very dangerous for a Judge who does not agree with particular decisions, to deal in distinctions from those decisions."

"A considerable part of the law of England consists of judicial decisions, and in the very nature of things this must be so. Every decision upon a debated point adds a little to the law by making that point certain for the future."

"Stan: We're goin' to church. We've sinned and so we have to confess again."

"Confess and be hanged."

"The confession of evil works is the first beginning of good works."

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."

"A confession is wholly and incontestably voluntary only if a guilty person gives himself up to the law and becomes his own accuser."

"One thing they specially commend, that the blush of shame in the penitent is a severe punishment, which makes him more cautious for the future, and anticipates divine punishment, by his punishing himself. As if a man was not sufficiently humbled with shame when brought under the cognizance of God at his supreme tribunal. Admirable proficiency—if we cease to sin because we are ashamed to make one man acquainted with it, and blush not at having God as the witness of our evil conscience!"

"The Lord anciently enjoined the people of Israel that they should repeat the words after the priest, and make public confession of their iniquities in the temple; because he foresaw that this was a necessary help to enable each one to form a just idea of himself. And it is proper that by confession of our misery, we should manifest the mercy of our God both among ourselves and before the whole world. It is proper that this mode of confession should both be ordinary in the Church, and also be specially employed on extraordinary occasions, when the people in common happen to have fallen into any fault. Of this latter description we have an example in the solemn confession which the whole people made under the authority and guidance of Ezra and Nehemiah (Neh. 1:6, 7). ... And it matters not though in one assembly it may sometimes happen that a few are innocent, seeing that the members of a languid and sickly body cannot boast of soundness. Nay, it is scarcely possible that these few have not contracted some taint, and so bear part of the blame."

"Confess debt, and beg days. Confessing a fault makes half amends for it."

"It is the confession, not the priest, that gives us absolution."

"There is no refuge from confession but suicide; and suicide is confession."

"Proximum ab innocentia tenet locum verecunda peccati confessio."

"Whoever conceals their sins does not prosper, but the one who confesses and renounces them finds mercy."

"I own the soft impeachment."

"Confess thee freely of thy sin; For to deny each article with oath Cannot remove nor choke the strong conception That I do groan withal."

"Confess yourself to heaven; Repent what's past; avoid what is to come."

"Nor do we find him forward to be sounded But, with a crafty madness, keeps aloof, When we would bring him on to some confession Of his true state."

"Open Confession is good for the Soul."

"He's half absolved, who has confessed."

"Stan: But our friend Timmy can't really talk. All he can do is say his own name, so he can't really confess his sins. So is he goin' to go to hell?"

"With ridiculous and awkward action, Which, slanderer, he imitation calls."