Justice Ministers

"Fascism replaces, therefore, the old atomistic and mechanical state theory that was at the basis of the liberal and democratic doctrines with an organic and historic concept… The important thing is to ascertain that this organic concept of the state gives to society a continuous life over and beyond the existence of the several individuals."

"Thus liberalism, democracy, and socialism appear to be, as they are in reality, not only the offspring of one and the same theory of government but also logical derivations one of the other. Logically, developed liberalism leads to democracy; the logical development of democracy issues into socialism. It is true that for many years, and with some justification, socialism was looked upon as antithetical to liberalism. But the antithesis is purely relative and breaks down as we approach the common origin and foundation of the two doctrines, for we find that the opposition is one of method, not of purpose. The end is the same for both, namely, the welfare of the individual members of society. The difference lies in the fact that liberalism would be guided to its goal by liberty, whereas socialism strives to attain it by the collective organization of production."

"T[he clerks who are blackmailing the State, the politicking socialists, and the full-belly fanatics are not part of the nation. Nationality is a spiritual fact, not a physical phenomenon. It is not people who are born and live in the national territory who belong to the nation, but those who feel spiritually bound to it."

"Thus the facts demonstrate that, while the epoch of nationalities was coming to a close with the national reconstitution of the last remaining peoples yet to accomplish it, the epoch of empires of super-States was opening, bringing colossi which dwarfed the great empires of history."

"In sociology, just as in biology, uniformity and immobility are death."

"Woe betide the Italian people if, while others are engaging in super-imperialism, they do not at least engage in nationalism!"

"The nation that refuses to behave nationalistically, when all the other nations are doing so, is fatally destined to die."

"I believe in the legal and social necessity of penalties, for penalties are not made only for delinquents. Penalties are made for all, because their essential function is to hold in sight of all citizens a threat of consequences, which operates powerfully as a psychologic motive, and does cause most citizens to observe the law."

"This idea of the state as a force (which as a result of the current general state of ignorance is seen as a German Prussian idea) is plainly a Latin and Italian one. It is directly linked with the intellectual tradition of Rome and was refurbished by Machiavelli’s political philosophy."

"The stronger and more powerful a state, the highest and richer the life of its inhabitants."

"Rocco saw the modern era as a long war between the forces of social cohesion and individualism."

"Rocco was one of the foremost juridical thinkers of his generation, the leading ideologue of the Italian Nationalist Association, and the man who, as Mussolini's Minister of Justice between January 1925 and July 1932, planned the laws which were the basis of Fascism's transformation from government into totalitarian state."

"When I was informed by the police they had decided to charge me with treason ... I was in a state of shock. That I have been found guilty of treason shocks me the more."

"We are sometimes up against a flat refusal to apply this law rigidly. One People's Judge told me flatly that he could never bring himself to throw someone in jail for stealing four ears. What we're up against here is a deep prejudice, imbibed with their mother's milk... a mistaken belief that people should be tried in accordance not with the Party's political guidelines but with considerations of "higher justice"."

"Comrade Krylenko concerns himself only incidentally with the affairs of his commissariat. But to direct the Commissariat of Justice, great initiative and a serious attitude toward oneself is required. Whereas Comrade Krylenko used to spend a great deal of time on mountain-climbing and traveling, now he devotes a great deal of time to playing chess... We need to know what we are dealing with in the case of Comrade Krylenko—the commissar of justice? or a mountain climber? I don't know which Comrade Krylenko thinks of himself as, but he is without doubt a poor people's commissar."

"Offering me a seat, Krylenko said: "I have no doubt that you personally are not guilty of anything. We are both performing our duty to the Party—I have considered and consider you a Communist. I will be the prosecutor at the trial; you will confirm the testimony given during the investigation. This is our duty to the Party, yours and mine. Unforeseen complications may arise at the trial. I will count on you. If the need should arise, I will ask the presiding judge to call on you. And you will find the right words."

"The Vatican, Germany, Poland, Great Britain, and the United States undertook frantic efforts to save the Archbishop and his chancellor. In Moscow, the ministers from the Polish, British, Czechoslovak, and Italian missions appealed 'on the grounds of humanity,' and Poland offered to exchange any prisoner to save the archbishop and the monsignor. Finally, on March 29, the Archbishop's sentence was commuted to ten years in prison, ... but the Monsignor was not to be spared. Again, there were appeals from foreign powers, from Western Socialists and Church leaders alike. These appeals were for naught: Pravda editorialized on March 30 that the tribunal was defending the rights of the workers, who had been oppressed by the bourgeois system for centuries with the aid of priests. Pro-Communist foreigners who intervened for the two men were also condemned as 'compromisers with the priestly servants of the bourgeoisie.' ...Father Rutkowski recorded later that Budkiewicz surrendered himself over to the will of God without reservation. On Easter Sunday, the world was told that the Monsignor was still alive, and Pope Pius XI publicly prayed at St. Peter's that the Soviets would spare his life. Moscow officials told foreign ministers and reporters that the Monsignor's sentence was just, and that the Soviet Union was a sovereign nation that would accept no interference. In reply to an appeal from the rabbis of New York City to spare Budkiewicz's life, Pravda wrote a blistering editorial against 'Jewish bankers who rule the world' and bluntly warned that the Soviets would kill Jewish opponents of the Revolution as well. Only on April 4 did the truth finally emerge: the Monsignor had already been in the grave for three days. When the news came to Rome, Pope Pius fell to his knees and wept as he prayed for the priest's soul. To make matters worse, Cardinal Gasparri had just finished reading a note from the Soviets saying that 'everything was proceeding satisfactorily' when he was handed the telegram announcing the execution. On March 31, 1923, Holy Saturday, at 11:30 PM, after a week of fervent prayers and a firm declaration that he was ready to be sacrificed for his sins, Monsignor Constantine Budkiewicz had been taken from his cell and, sometime before the dawn of Easter Sunday, shot in the back of the head on the steps of the Lubyanka prison."

"In The Gulag Archipelago, the famous Soviet dissident and Nobel laureate Aleksandr Solzhenitsyn recounted an episode involving Krylenko. Shortly after Lenin’s Bolsheviks assumed power in 1917, an admiral named Shchastny was sentenced by one of the regime’s judges “to be shot within 24 hours.” When some in the courtroom expressed shock, it was Krylenko who responded thusly: “What are you worrying about? Executions have been abolished. But Shchastny is not being executed; he is being shot.”"

"Under the communist dictatorship of Lenin and then Stalin, Krylenko (1885-1938) rose through the Soviet Union’s legal system to become People’s Commissar for Justice and a Prosecutor General. He was a leading practitioner of the theory of “socialist legality,” which held that an accused person’s innocence or guilt depended on that person’s politics (real or imagined). It sounds nuts and indeed, it was. It was the stuff of Orwell’s nightmare, and one of the reasons the Soviet Union thankfully perished of its own poison."

"Krylenko, who began to speak at 6:10 PM, was moderate enough at first, but quickly launched into an attack on religion in general and the Catholic Church in particular. "The Catholic Church", he declared, "has always exploited the working classes." When he demanded the Archbishop's death, he said, "All the Jesuitical duplicity with which you have defended yourself will not save you from the death penalty. No Pope in the Vatican can save you now." As the long oration proceeded, the Red Procurator worked himself into a fury of anti-religious hatred. "Your religion", he yelled, "I spit on it, as I do on all religions, -- on Orthodox, Jewish, Mohammedan, and the rest." "There is no law here but Soviet Law," he yelled at another stage, "and by that law you must die."

"The Bolsheviks had already orchestrated several 'show trials.' The Cheka had staged the 'Trial of the St. Petersburg Combat Organization'; its successor, the new GPU, the 'Trial of the Socialist Revolutionaries.' In these and other such farces, defendants were inevitably sentenced to death or to long prison terms in the north. The Cieplak show trial is a prime example of Bolshevik revolutionary justice at this time. Normal judicial procedures did not restrict revolutionary tribunals at all; in fact, the prosecutor N.V. Krylenko, stated that the courts could trample upon the rights of classes other than the proletariat. Appeals from the courts went not to a higher court, but to political committees. Western observers found the setting -- the grand ballroom of a former Noblemen's Club, with painted cherubs on the ceiling -- singularly inappropriate for such a solemn event. Neither judges nor prosecutors were required to have a legal background, only a proper 'revolutionary' one. That the prominent 'No Smoking' signs were ignored by the judges themselves did not bode well for legalities."

"Krylenko is brave and fearless. He is one of the typical Russians of whom the great psychologist Dostoyevsky said: "it is not he that created the idea, but the idea that created him.""

"An epileptic degenerate . . . and the most repulsive type I came across in all my connections with the Bolsheviks."

"In the absence of a criminal code, a court might give a reprimand for a punch in the nose in Ryazan, while the sentence in Tula might be shooting."

"We will secure peace, over the corpses of the counterrevolutionary command staff if necessary."

"The basic mistake in eyery case is made by those women who consider 'freedom of abortion' as one of their civil rights. We need new fighters - they built this life, we need people."

"After two decades of building socialism in the USSR there is no reason for anybody to be a homosexual."

"So who are the bulk of our clients in these sorts of cases? Is it the working class? No! It's classless hoodlums. Classless hoodlums, either from the dregs of the society, or from the remains of the exploiters' class. They have no place to go. So they take to -- pederasty. Together with them, next to them, under this excuse, in stinky secretive bordellos another kind of activity takes place as well -- counter-revolutionary work."

"We must finish once and for all with the neutrality of chess. We must condemn once and for all the formula "chess for the sake of chess", like the formula "art for art's sake". We must organize shockbrigades of chess-players, and begin immediate realization of a Five-Year Plan for chess."

"As somebody who understands the pervasive evil of apartheid, to say 'Israel is an apartheid state' is not only false and prejudicial to Israel, but it undermines the real struggle against apartheid and the integrity of that movement."

"This view of a law and of its validity (we call it the positivistic theory) has rendered jurists and the people alike defenceless against arbitrary, cruel, or criminal laws, however extreme they might be. In the end, the positivistic theory equates law with power; there is law only where there is power."

"The most conspicuous characteristic of Hitler’s personality, which became through his influence the pervading spirit of the whole of National Socialist ‘law’ as well, was a complete lack of any sense of truth or any sense of right and wrong."

"To be sure, one value comes with every positive-law statute without reference to its content: Any statute is always better than no statute at all, since it at least creates legal certainty. But legal certainty is not the only value that law must effectuate, nor is it the decisive value. Alongside legal certainty, there are two other values: purposiveness and justice. In ranking these values, we assign to last place the purposiveness of the law in serving the public benefit."

"Positivism, with its principle that ‘a law is a law’, has in fact rendered the German legal profession defenceless against statutes that are arbitrary and criminal. Positivism is, moreover, in and of itself wholly incapable of establishing the validity of statutes. It claims to have proved the validity of a statute simply by showing that the statute had sufficient power behind it to prevail. But while power may indeed serve as a basis for the ‘must’ of compulsion, it never serves as a basis for the ‘ought’ of obligation or for legal validity. Obligation and legal validity must be based, rather, on a value inherent in the statute."

"Of course it is true that the public benefit, along with justice, is an objective of the law. And of course laws have value in and of themselves, even bad laws: the value, namely, of securing the law against uncertainty."

"Concepts such as legal subject and legal object, legal relation and legal wrong, and indeed the very concept of law itself, are not accidental possessions of several or all legal orders but are necessary prerequisites if any legal order is to be understood as legal."

"The concept of law can be defined only as the reality tending toward the idea of law."

"It is the professional duty of the judge to validate the law’s claim to validity, to sacrifice his own sense of the right to the authoritative command of the law, to ask only what is legal and ask not if it is also just."

"The validity of demonstrably wrong law cannot conceivably be justified. However, any answer to the question of the purpose of law other than by enumerating the manifold partisan views about it has proved impossible— and it is precisely on that impossibility of any natural law, and on that alone, that the validity of positive law may be founded. At this point relativism, so far only the method of our approach, enters our system as a structural element. Ordering their living together cannot be left to the legal notions of the individuals who live together, since these different human beings will possibly issue contradictory directions. Rather, it must be uniformly governed by a transindividual authority. Since, however, in the relativistic view of reason and science are unable to fulfill that task, will and power must undertake it. If no one is able to determine what is just, somebody must lay down what is to be legal."

"As it is the essence of justice ultimately to shape those relations in the sense of equality, so it is essential to the legal precept in its meaning to be directed toward equality, to claim to be susceptible of generalization or to be general in character."

"Philosophy is not to relieve one of decisions, but to confront him with decisions. It is to make life not easy but, on the contrary, problematical."

"Because a judgement on the truth or error of the differing convictions in law is impossible, and because on the other hand a uniform law for all citizens is necessary, the law-giver faces the task of cleaving with a stroke of the sword the Gordian knot which jurisprudence cannot untangle. Since it is impossible to ascertain what is just, it must be decided what is lawful. In lieu of an act of truth (which is impossible) an act of authority is required. Relativism leads to positivism."

"Women receive easily the most difficult assignments."

"It is positive that the change in Finland means a rush in the elections and not in the streets."

"...The ultimate test of this agreement will be a test of blood... If it becomes clear that they [the Palestinians] cannot overcome terror, this will be temporary accord and... we will have no choice but to abrogate it... And if there is no choice, the IDF will return to the places it is about to leave in the upcoming months."

"[the pact with Yasir Arafat had caused the deaths of sixteen hundred Israelis in terror attacks] It’s on your hands! You should be ashamed! You gave them guns and they shot at us!"

"We firmly believe that the withdrawal of occupation forces from Iraq will result in a speedy resolution to most of the problems that country is currently struggling with."

"He [Mahmoud Ahmadinejad] wanted to say that if certain people have created troubles for the Jewish community they should bear the expenses, and it is not others who should pay for that."

"Four years ago, the US launched an attack on Iraq under the pretext of bringing democracy and security to the country, but today they urge Iran to help them establish security in Baghdad."

"Iranian intelligence services have acquired information that show the United States, Britain and Israel have been behind the unrest in various parts of Iran, including Khuzistan, Kurdistan and West Azerbaijan in the past few years."