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April 10, 2026
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"By Silence, the discretion of a man is known: and a fool, keeping Silence, seemeth to be wise."
"As a jewel of gold in a swine's snout, so is a fair woman which is without discretion."
"A contract requires two parties to it, and a man in one character can, with difficulty, contract with himself in another character."
"As to the hardships upon foreigners, if they enter into contracts in England, and apply to our Courts of judicature to enforce a performance of them, they must submit themselves to be judged by the laws of this kingdom, and to our exposition of them."
"It is to be remembered that contracts in restraint of trade are in themselves, if nothing more appears to show them reasonable, bad in the eye of the law."
"It seems to me that whenever circumstances arise in the ordinary business of life in which, if two persons were ordinarily honest and careful, the one of them would make a promise to the other, it may properly be inferred that both of them understood that such a promise was given and accepted."
"The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed. If that is so, there is a contract."
"There are very few ways to legally break a contract unilaterally."
"The way I heard it, a contract is a list of all the ways two people don’t trust each other."
"A verbal contract isn't worth the paper it's written on."
"The movement of progressive societies has hitherto been a movement from Status to Contract."
"Men keep their agreements when it is an advantage to both parties not to break them; and I shall so frame my laws that it will be evident to the Athenians that it will be for their interest to observe them."
"There is grim irony in speaking of the freedom of contract of those who, because of their economic necessities, give their service for less than is needful to keep body and soul together."
"The primary office and purpose of a bill of lading, although by mercantile law and usage it is a symbol of the right of property in the goods, is to express the terms of the contract between the shipper and the shipowner."
"There is no darker page in the annals of English jurisprudence than that which contains the law relating to bills of sale, for, recent as it is, it is illogical, uncertain, and fuller of doubts and difficulties than any other part of our law."
"Judicial decision on one contract can rarely help us to the understanding of another."
"There is a great principle which I think ought to be adhered to by this Court, and by every Court where it can possibly do so; that is to say, that a man shall abide by his contracts, and that a man's contracts should be enforced as against him."
"[T]he process of plea bargaining is not one which any student of the subject regards as an ornament to our system of justice."
"In a system where ninety percent or more of cases end in a negotiated disposition, it is unclear why the "discounted" punishment imposed in that ninety percent of cases should not rather be considered the norm. Where almost no one pays the "manufacturer's suggested retail price," and almost everyone buys the item at a "discounted" price, no one really gets a "bargain," and the product's real price is what is actually charged in the marketplace."
"[W]e cannot hold that it is unconstitutional for the State to extend a benefit to a defendant who, in turn, extends a substantial benefit to the State and who demonstrates by his plea that he is ready and willing to admit his crime and to enter the correctional system in a frame of mind that affords hope for success in rehabilitation over a shorter period of time than might otherwise be necessary."
"It is true that when medieval writers spoke of natural law as being discoverable by reason, they meant that the best human reasoning could discover it, and not, of course, that the results to which any and every individual's reasoning led him was natural law."
"The essence of right and wrong does not depend upon words and clauses inserted in a code or a statute-book, much less upon the conclusions and explications of lawyers; but upon reason and the nature of things, antecedent to all laws."
"If there be such a principle as justice, or natural law, it is the principle, or law, that tells us what rights were given to every human being at his birth; what rights are, therefore, inherent in him as a human being, necessarily remain with him during life; and, however capable of being trampled upon, are incapable of being blotted out, extinguished, annihilated, or separated or eliminated from his nature as a human being, or deprived of their inherent authority or obligation.On the other hand, if there be no such principle as justice, or natural law, then every human being came into the world utterly destitute of rights; and coming into the world destitute of rights, he must necessarily forever remain so. For if no one brings any rights with him into the world, clearly no one can ever have any rights of his own, or give any to another. And the consequence would be that mankind could never have any rights; and for them to talk of any such things as their rights, would be to talk of things that never had, never will have, and never can have any existence."
"But if justice be a natural principle, then it is necessarily an immutable one; and can no more be changed—by any power inferior to that which established it—than can the law of gravitation, the laws of light, the principles of mathematics, or any other natural law or principle whatever; and all attempts or assumptions, on the part of any man or body of men—whether calling themselves governments, or by any other name—to set up their own commands, wills, pleasure, or discretion, in the place of justice, as a rule of conduct for any human being, are as much an absurdity, an usurpation, and a tyranny, as would be their attempts to set up their own commands, wills, pleasure, or discretion in the place of any and all the physical, mental, and moral laws of the universe."
"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."
"No objection can be made to these voluntary associations upon the ground that they would lack that knowledge of justice, as a science, which would be necessary to enable them to maintain justice, and themselves avoid doing injustice. Honesty, justice, natural law, is usually a very plain and simple matter, easily understood by common minds. Those who desire to know what it is, in any particular case, seldom have to go far to find it."
"The natural law is, in essence, a profoundly "radical" ethic, for it holds the existing status quo, which might grossly violate natural law, up to the unsparing and unyielding light of reason. In the realm of politics or State action, the natural law presents man with a set of norms which may well be radically critical of existing positive law imposed by the State. At this point, we need only stress that the very existence of a natural law discoverable by reason is a potentially powerful threat to the status quo and a standing reproach to the reign of blindly traditional custom or the arbitrary will of the State apparatus."
"It offends reason to believe that a well-established natural law can admit of exceptions. A natural law must hold everywhere and always, or be invalid. I cannot believe, for example, that the universal law of gravitation, which governs the physical world, is ever suspended in any instance or at any point of the universe. Now I consider economic laws comparable to natural laws, and I have just as much faith in the principle of the division of labor as I have in the universal law of gravitation. I believe that while these principles can be disturbed, they admit of no exceptions."
"When most people speak of natural law, what they have in mind is the contention that morality can be derived from human nature. If human beings are rational animals of such-and-such a sort, then the moral virtues are…(filling in the blanks is the difficult part)."
"It is not an accident that men like Machiavelli, and Hobbes, whose aim is to remove all restraints from the actions of rulers except those of expediency, should be agreed in denying all meaning to the idea of natural law. On the other hand for Grotius with his theory of inter-state morality, for Du Plessis Mornay with his claim that the governor must have regard to the good of the governed, the notion of natural law which makes promises binding anterior to positive rules, is essential and obligatory."
"Whether something falls within the domain of ‘‘law’’ is, for a natural lawyer, at least partially or nominally determined by reference to an extra-legal standard or norm."
"[A]ccording to Weyl, complexity is essential in understanding the concept of a law of nature. If laws of nature may be arbitrarily complex, he argued, the very concept... becomes vacuous. What difference would remain... if the laws meant to explain them were as complex as the phenomena they are meant to explain? Laws of nature must be simple."
"Certainly, in taking revenge, a man is but even with his enemy; but in passing it over, he is superior; for it is a prince's part to pardon."
"If blasted hopes and ruin'd name, And all the venom Love lends Shame — The violent death, and rabble eye, To look upon its agony ; If these are not enough to win A pardon for Earth's deadliest sin, Words will not, cannot! — never dare Tell me it may be won by prayer ! The coward prayer, the coward tear, Not from remorse wrung, but from fear!"
"It is the duty of nations, as well as of men, to own their dependence upon the overruling power of God, to confess their sins and transgressions, in humble sorrow, yet with assured hope that genuine repentance will lead to mercy and pardon, and to recognize the sublime truths announced in the Holy Scriptures, and proven by all history, that those nations only are blessed whose God is the Lord."
"If you will apply yourself to the King, you may, and there, perhaps, you may find mercy; we must, according to the duty of our places and oaths, give such judgment as the law requires."
"We cannot pardon. We are to say what we take the law to be: if we do not speak our real opinions, we prevaricate with God and our own consciences."
"Mercy is in the King's breast, but is no part of our province: and therefore your application on that head must be elsewhere."
"Where a person interposes his interest and good offices to procure a pardon, it ought to be done gratuitously and not for money."
"Where the King has no share, and the King's Serjeant or Attorney-General prosecute not, and the King's name is not so much as mentioned, and only by the Commons of England, which the Courts Westminster cannot punish ; it is you that have the interest in the suit, and all the Commons of England."
"It is the duty of the Lord Chancellor's place, if he thought it not a good pardon, to inform the King of it."
"The regular way of pardons is by the Attorney-General and the Solicitor-General. &c. They are men of the law, and might stop it in their office, and the rest of the offices, &c . . . . To pardon before trial, when the King knows not what fact he is to pardon, is a dangerous precedent. . . . The King cannot pardon a man, an impeachment depending."
"Raleigh: Oh my lord, you may use equity. Popham, C.J. : That is from the King; you are to have justice from us."
"Sequi debet potentia justitiam non praecedere: Power should follow justice, not precede it."
"May one be pardoned and retain the offence?"
"Whatever, in connection with my professional service, or not in connection with it, I see or hear, in the life of men, which ought not to be spoken of abroad, I will not divulge, as reckoning that all such should be kept secret."
"שָׂרַ֣יִךְ סֹורְרִ֗ים וְחַבְרֵי֙ גַּנָּבִ֔ים כֻּלֹּו֙ אֹהֵ֣ב שֹׁ֔חַד וְרֹדֵ֖ף שַׁלְמֹנִ֑ים יָתֹום֙ לֹ֣א יִשְׁפֹּ֔טוּ וְרִ֥יב אַלְמָנָ֖ה לֹֽא־יָבֹ֥וא אֲלֵיהֶֽם׃ פ"
"There are a lot of guys on both campaigns, on all the campaigns now, who do some very questionable lobbying on behalf of very questionable interests and do things that trouble me a whole lot more than a woman writing a book about masturbation."
"Private capital tends to become concentrated in few hands, partly because of competition among the capitalists, and partly because technological development and the increasing division of labor encourage the formation of larger units of production at the expense of smaller ones. The result of these developments is an oligarchy of private capital the enormous power of which cannot be effectively checked even by a democratically organized political society. This is true since the members of legislative bodies are selected by political parties, largely financed or otherwise influenced by private capitalists who, for all practical purposes, separate the electorate from the legislature. The consequence is that the representatives of the people do not in fact sufficiently protect the interests of the underprivileged sections of the population. Moreover, under existing conditions, private capitalists inevitably control, directly or indirectly, the main sources of information (press, radio, education). It is thus extremely difficult, and indeed in most cases quite impossible, for the individual citizen to come to objective conclusions and to make intelligent use of his political rights."
"Though the pie to be shared by the next generation will be far larger than today’s, how it will be divided will remain fiercely contentious. Just as is now the case, there will be struggles for the increased output of goods and services between those people in their productive years and retirees, between the healthy and the infirm, between the inheritors and the Horatio Algers, between investors and workers and, in particular, between those with talents that are valued highly by the marketplace and the equally decent hard-working Americans who lack the skills the market prizes. Clashes of that sort have forever been with us – and will forever continue. Congress will be the battlefield; money and votes will be the weapons. Lobbying will remain a growth industry."
Heute, am 12. Tag schlagen wir unser Lager in einem sehr merkwürdig geformten Höhleneingang auf. Wir sind von den Strapazen der letzten Tage sehr erschöpft, das Abenteuer an dem großen Wasserfall steckt uns noch allen in den Knochen. Wir bereiten uns daher nur ein kurzes Abendmahl und ziehen uns in unsere Kalebassen-Zelte zurück. Dr. Zwitlako kann es allerdings nicht lassen, noch einige Vermessungen vorzunehmen. 2. Aug.
- Das Tagebuch
Es gab sie, mein Lieber, es gab sie! Dieses Tagebuch beweist es. Es berichtet von rätselhaften Entdeckungen, die unsere Ahnen vor langer, langer Zeit während einer Expedition gemacht haben. Leider fehlt der größte Teil des Buches, uns sind nur 5 Seiten geblieben.
Also gibt es sie doch, die sagenumwobenen Riesen?
Weil ich so nen Rosenkohl nicht dulde!
- Zwei außer Rand und Band
Und ich bin sauer!