Jurists

"The family was based, not upon actual relationship, but upon power, and the husband acquired over his wife the same despotic power which the father had over his children."

"Henry Sumner Maine, whose private pupil I was in 1857, when he was giving his lectures on "Ancient Law," was rather historian than lawyer, and more social philosopher than jurist. I remained in intimacy with him until his too early death, and never ceased to delight in his brilliant scholarship and analytic genius, as well as his literary culture and charm of manner. His very precarious health quite prevented him from acquiring the profound and exact learning of a modern professor; but he may rank with Herbert Spencer, and indeed with Charles Darwin, as an instance of how intellectual insight and grasp of luminous principles can dispense with any exhaustive study of books, nay, so often can open visions of truths which are denied to the voracious amasser of book learning."

"We cannot give a reason, other than mere chance, why power over a wife should have retained the name of manus, why power over a child should have obtained another name, potestas, why power over slaves and inanimate property should in later times be called dominium. But, although the transformation of meanings be capricious, the process of specialisation is a permanent phenomenon, in the highest degree important and worthy of observation."

"He says that Primogeniture has been of very great political service. I admitted this, but objected that there is another side to the question, that Primogeniture embodies the confusion between authority and property which constitutes modern Legitimacy, that Legitimacy has, in this century, acted as an obstacle to free institutions, and that a one-sided judgment thrown off as that sentence is, gives a Tory tinge to the entire paper. He answered, "You seem to use Tory as a term of reproach." I was much struck by this answer—much struck to find a philosopher, entirely outside party politics, who does not think Toryism a reproach, and still more, to find a friend of mine ignorant of my sentiments about it."

"The importance to economics of the study of institutions is no longer a controversial proposition, thanks in part to the scholarly literature generated by the new institutional economics movement. Institutions are more than organizations – property is an institution, but not an organization – but organizations are an important form of institution and will be the focus of my paper, as it is, to a considerable extent, of the new institutional economics."

"This book is written in the conviction that economics is a powerful tool for analyzing a vast range of legal questions but that most lawyers and law students-even very bright ones-have difficulty connecting economic principles to concrete legal problems."

"One thing we’ve learned from the economic events of the past two years is that macroeconomics, or at least the part of macroeconomics that studies the business cycle, is a weak field. With only a few exceptions, macroeconomists, including the most illustrious, did not anticipate the current depression."

"Correctly anticipating the rapid growth of living standards, moreover, Keynes predicted that within a century people's material wants would be satiated, and so per capita consumption would stop growing. People would work less, but only because their need for income, and more important their desire for it, was less. And then the challenge to society would be the management of unprecedented voluntary leisure. This was a popular 1930s theme--think of Huxley's Brave New World--but it underestimated the ability of business to create new wants, and new goods and services to fulfill them."

"Although there are other heresies in The General Theory, along with puzzles, opacities, loose ends, confusions, errors, exaggerations, and anachronisms galore, they do not detract from the book's relevance to our present troubles. Economists may have forgotten The General Theory and moved on, but economics has not outgrown it, or the informal mode of argument that it exemplifies, which can illuminate nooks and crannies that are closed to mathematics. Keynes's masterpiece is many things, but "outdated" it is not."

"As conceived in this book, economics is the science of rational choice in a world─our world─in which resources are limited in relation to human wants. The task of economics, so defined, is to explore the implications of assuming that man is a rational maximizer of his ends in life, his satisfactions─what we shall call his “self-interest.” Rational maximization should not be confused with conscious calculation. Economics is not a theory about consciousness. Behavior is rational when it conforms to the model of rational choice, whatever the state of mind of the chooser.(...) Nor is perfect rationality assumed; rational-choice theory allows us to assume that rationality is “bounded” because of human cognitive limitations, although another way to think of those limitations is as costs of absorbing and using information."

"If judges are pragmatic, as I think they largely are in our system, it can only be in the everyday sense of the term. But immediately the counterexample of Holmes, a gifted and serious though not systematic philosophical thinker, comes to mind."

"My reaction to “creative capitalism” as lauded by Bill Gates, Warren Buffett, Michael Kinsley, and (somewhat to my surprise), Professor Glaeser of the Harvard Economics Department is a skeptical one. The embrace of massive corporate charity, the criticism of capitalism by its greatest beneficiaries, and the frequent resort by the advocates of “creative capitalism” to platitudes (such as: “the world is getting better, but not fast enough and not for everyone”; “today’s miracles of technology only benefit those who can afford them”; “economic demand is not the same as economic need”), along with the vagueness of the term itself, leave me with an uncomfortable feeling."

"Jurisprudence addresses the questions about law that an intelligent layperson of speculative bent — not a lawyer — might think particularly interesting."

"Central to this book is the further assumption that man is a rational utility maximizer in all areas of life, not just in his “economic” affairs, that is, not only when engaged in buying and selling in explicit markets. This idea goes back to Jeremy Bentahm in the eighteenth and early nineteenth century, but received little attention from economists until the work of Gary Becker in th 1950s and 1960s. The concept of man as a rational maximizer implies that people respond to incentives.(...) From this proposition derive the three fundamental principles of economics."

"I wish in closing to emphasize how little corporate philanthrophy (the practical meaning of “creative capitalism,” a terrible expression that implies nonaltruistic capitalism is uncreative) is actually philanthropic, in the sense of being driven by altruism rather than by profit maximization."

"The mark of Platonic philosophy is a radical dualism. The Platonic world is not one of unity; and the abyss which in many ways results from this bifurcation appears in innumerable forms. It is not one, but two worlds, which Plato sees when with the eyes of his soul he envisages a transcendent, spaceless, and timeless realm of the Idea, the thing-in-itself, the true, absolute reality of tranquil being, and when to this transcendent realm he opposes the spacetime sphere of his sensuous perception-a sphere of becoming in motion, which he considers to be only a domain of illusory semblance, a realm which in reality is not-being."

"By determining law — so far as it is the subject of a specific science of law — as norm, it is delimited against nature; and science of law against natural science. But in addition to legal norms, there are other norms regulating the behavior of men to each other, that is, social norms; and the science of law is therefore not the only discipline directed toward the cognition and description of social norms. There other social norms may be called “morals.” and the discipline directed toward their cognition and description, “ethics.” So far as justice is a postulate of morals, the relationship between justice and law is included in the relationship between morals and law."

"The characterization of Kelsen’s pure theory of law as an ideology is here not meant as a reproach, though its defenders are bound to regard it as such. Since every social order rests on an ideology, every statement of the criteria by which we can determine what is appropriate law in such an order must also be an ideology. The only reason why it is important to show that this is also true of the pure theory of law is that its author prides himself on being able to ‘unmask’ all other theories of law as ideologies and to have provided the only theory which is not an ideology. This Ideolologie-kritik is even regarded by some of his disciples as one of Kelsen’s greatest achievements. Yet, since every cultural order can be maintained only by an ideology, Kelsen succeeds only in replacing one ideology with another that postulates that all orders maintained by force are orders of the same kind, deserving the description (and dignity) of an order of law, the term which before was used to describe a particular kind of order valued because it secured individual freedom. Though within his system of thought his assertion is tautologically true, he has no right to assert, as he constantly does, that other statements in which, as he knows, the term ‘law’ is used in a different sense, are not true. What ‘law’ is to mean we can ascertain only from what those who used the word in shaping our social order intended it to mean, not by attaching to it some meaning which covers all the uses ever made of it. Those men certainly did not mean by law, as Kelsen does, any ‘social technique’ which employs force, but used it in order to distinguish a particular ‘social technique’, a particular kind of restraint on the use of force, which by the designation of law they tried to distinguish from others. The use of enforceable generic rules in order to induce the formation of a self-maintaining order and the direction of an organization by command towards particular purposes are certainly not the same ‘social techniques’. And if, because of accidental historical developments, the term ‘law’ has come to be used in connection with both these different techniques, it should certainly not be the aim of analysis to add to the confusion by insisting that these different uses of the word must be brought under the same definition."

"It is called a “pure” theory of law, because it only describes the law and attempts to eliminate from the object of this description everything that is not strictly law: Its aim is to free the science of law from alien elements. This is the methodological basis of the theory."

"Law is an order of human behavior. An “order” is a system of rules. Law is not, as it is sometimes said, a rule. It is a set of rules having the kind of unity we understand by a system. It is impossible to grasp the nature of law if we limit our attention to the single isolated rule."

"Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men. Only secondarily it is a virtue of man, since a man is just, if his behavior conforms to the norms of a social order supposed to be just. But what does it really mean to say that a social order is just? It means that this order regulates the behavior of men in a way satisfactory to all men, that is to say, so that all men find their happiness in it. The longing for justice is men's eternal longing for happiness. It is happiness that men cannot find alone, as an isolated individual, and hence seeks in society. Justice is social happiness. It is happiness guaranteed by a social order."

"One of the most important elements of Christian religion is the idea that justice is an essential quality of God. Since God is the absolute, his justice must be absolute justice, that is to say, eternal and unchangeable. Only a religion whose deity is supposed to be just can play a role in social life. To attribute justice to the deity in order to make religion applicable to human relations implies a certain tendency of rationalizing something which, by its very nature, is irrational-the transcendental being, the religious authority, and its absolute qualities."

"He was a Gandhian in ideology, essentially cosmopolitan in outlook, truly Indian in culture, a poet at heart and an activist in thoughts."

"As Acting President and Vice President, he walked with Kings, Presidents and Prime Ministers, but never lost the common touch. He was always approachable and was kindliness to all. He brought to his chamber work, in his Opinions and in arbitrations, an understanding and humanity, and gave satisfaction to all."

"As Chairman of the Rajya Sabha, he had the awesome task of dealing with some unruly scenes. He did so with aplomb and finesse, often with a witticism that helped defuse the situation."

"The pages of the Law Reports reflect as much his legal learning and contribution to the development of the law, as his erudition; his judgments were all written with elegance and were often infused with the appropriate literary allusion."

"He was a man of many parts – Law, Literature, Public Affairs, International Affairs and Education. In the field of Law he held all offices which any lawyer can aspire to hold – Government Pleader; Advocate General of C.P. & Berar; Judge of the Nagpur High Court; Chief Justice of the Nagpur, High Court; Judge of the Supreme Court and culminating as the Chief Justice of India. He served as a Judge for 25 years."

"He was a very warm, sincere and sensitive family man and friend."

"He was one of the few judges who could occasionally poke fun at himself. He told me that once he was sitting at a dinner at the Cambridge University where a number of distinguished persons had been invited. Next to him was an elderly gentleman whose identity he did not know. There was some discussion about the theory of relativity and he aired his own views with a certain measure of authority. His neighbour told him that his views were interesting and invited him for a cup of tea in the next two or three days. Later on he found out that he had been talking to the world renowned physicist Sir Arthur Eddington who was reputed as one of the few persons apart from Einstein who understood the theory of relativity. He never picked up the courage to go for that cup of tea and face Sir Arthur Eddington."

"In Ranjit D. Udeshi v. State of Maharashtra (AIR 1968 SC 881), he declared the law on the subject as to when a book can be regarded as obscene. The Judgment laid down important tests of obscenity and their application to the well-known book "Lady Chatterley's Lover" written by Lawrence shows his deep insight into law and literature."

"His Judgment in E. M. S. Namboodripad v. T.N. Nambiar (AIR 1970 SC 2015) illustrates his deep study of the teachings of Marx, Engels and Lenin. Indeed, in the course of the said judgment, he pointed out how Communists in our country distorted the approach of those eminent men."

"In his leading majority judgment in Madhav Rao Scindia v. Union of India (AIR 1971 SC 530), popularly known as Privy Purse case, he held that the Order of the President directing that Madhavrao Scindia would cease to be recognised as the Ruler of Gwalior on and with effect from the date of the said order was ultra virus. This declaration of law resulted in restoration of the Privy Purses received by the Rulers and also ensured continuance of their personal privileges."

"In one of his judgments he took the view that the works contracts should be really treated as divisible for the purposes of sales tax has now found acceptance by way of amendment of the relevant constitutional entries and the relevant laws."

"This was an attempt of not creating 'forward looking judges' but the 'judges looking forward' to the plumes of the office of Chief Justice."

"He had been an extremely thorough and patient Judge with unremitting industry and keen sense to discover truth and do justice. Law, liberty and justice were upheld with consummate ability and independence by His Lordship. On public controversies, some of his judgments are thought provoking. He disputed the correctness of any attempt to whittle down fundamental rights while making it clear that the right to property was not forever sacrosanct. The distinction between the law and order and the public order, has been brought out succinctly in his reported judgments."

"As Vice President, he presided over the Rajya Sabha and conducted its proceedings with great dexterity and wisdom. During his tenure as Vice President, he again acted as the President in 1982."

"He was sworn in as the Acting President of India on 20th July 1969 and served in that capacity till late V. V. Giri was sworn in as the duly elected President of the Republic. After his retirement as the Chief Justice of India, he was unanimously elected as the Vice President of India as a result of a consensus amongst different political parties and occupied that high office with distinction from 1979 to 1984."

"His was the variegated and distinguished career of the eminent jurist, scholar, educationist, author and linguist. During his life span of four score and seven years symbolised significant achievement at each important stage, bringing honour and glory not only to himself but also to the institutions which he served and to our country."

"In the car, President Nixon seemed relaxed and quite flattered by the response of the people. Characteristically he asked me: “Mr President, do people always turn out like this to greet the Indian President or is this because of the President of the United States?” I sensed the comparison. I quietly replied ”Mr President, I would suspect that many youngsters are here to see what a bullet-proof car looks like!” He smiled and replied “You have a point there!”."

"...with the escort of the Military Secretaries, aids-de-camp and the President’s Body Guard, all in their splendid uniforms We made a glittering sight. Even in my best dress I looked drab beside my wife in a simple and well-chosen ensemble. I felt a little pride but was reminded of the entry of Caliph Omar into Damascus. He was offered ths surrender of the city if he came to the city in person. Omar rode his one-eyed camel with a servant on foot, and they traveled equal distance on foot in turn and rode in turn. Near Damascus, Omer was met by his generals Abu Obaida and Khalid bin Walid. Seeing his tattered and travel-worn dress they insisted that he should change into proper clothes and ride a caparisoned charger. Omar gave in and followed their advice. Very soon afterwards he stopped and asked for his former clothes and his camel saying “Pride is entering my soul, and the Prophet said that if a man has pride, the size of a mustard seed, he will not enter Paradise. I felt ashamed of myself and put aside the feeling at once and began thinking of other things."

"He was a warm and friendly person who could mix with one and all on even terms."

"While in London I became interested in speaking in public. I lectured at Hyde Park Corner when the Simon Commission was being boycotted in India as no Indian was a member. I stood the heckling well and even indulged in a little ridicule. People completely ignorant of India and Indian conditions would heckle me. One fellow claimed that he had lived in India and Kabul which he asserted was the capital of India."

"I spoke in debates arranged by the Indian students in London and once V.K.Krishna Menon opposed me. The debate concerned the role of Asia in world affairs and I used the word Asiatic. Menon raised a laugh against me by saying that he did not like the word because it rhymed with ‘lunatic’ although I should consider myself free to use it. He advised me to use the word ‘Asian’ instead. When my turn came for reply, I thanked him for his advice but preferred to stick to the Asiatics adding that he had no objection of Menon calling an Asian although the word rhymed with ‘Simian’. This brought the house down and even Menon joined in the laughter and clapping."

"During his long tenure in the Supreme Court, he was a party to and author of a number of landmark judgments."

"I was never in the mood of Lord Macaulay who said – I shall retire early I am very tired– I know that life meant that one must continue to occupy his time with work."

"...we need not shed tears over what has happened and we can look forward – not be forward looking, but look forward – to an era which will be as good as the one which has gone before."

"I was so excited to hear the Trinity College the first night of my stay in the College: Trinity’s loquacious clock Who never let the quarters, night and day, Slip by him improclaimed, and told the hours Twice over with a male and female voice..."

"There is no higher principle for the guidance of the Court than the one that no act of Courts should harm a litigant and it is the bounden duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied but for that mistake."

"I chose the title of the book from Oliver Wendel Holme’s subtitle to his Aristocrat of the Breakfast Table; Every man His own Boswell. I was a miscellanist before I attempted a full length book. I learnt the art of narration from Boswell. After all even Macaulay, in spite of many hard things he said of Boswell, did acknowledge that he was the first of biographers and the world has since considered him the greatest."

"If a Judge, without any reason, orders the members of say one political party out of his Court, those so ordered may seek to enforce their fundamental rights against him and it should make no difference that the order is made while he sits as a Judge. Even if appeal lies against such an order, the defect on which relief can be claimed, is the breach of fundamental rights."