Lawyers From England

"Reason is the life of the law; nay, the common law itself is nothing else but reason... The law, which is perfection of reason."

"Fraud and deceit abound in these days more than in former times."

"They (corporations) cannot commit treason, nor be outlawed nor excommunicate, for they have no souls."

"A word must become a friend or you will not understand it. Perhaps you do well to be cool and detached when you are seeking information, but I remind you of the wife who complained, 'When I ask John if he loves me, he thinks I am asking for information'."

"A man's house is his castle — et domus sua cuique est tutissimum refugium."

"The Common lawes of the Realme should by no means be delayed for the law is the surest sanctuary, that a man should take, and the strongest fortresse to protect the weakest of all, lex et tutissima cassis."

"It is cowardisse and lakke off hartes and corage, wich no Ffrenchman hath like vnto a Englysh man. It hath ben offten tymes sene in Englande, that iij. or iiij. theves ffor pouerte haue sett apon vj or vij trewe men, and robbed hem all. But it hath not bene sene in Ffraunce, þat vj. or vij. theves haue be hardy to robbe iij. or iiij. trewe men. Wherfore it is right selde þat Ffrenchmen be hanged ffor robbery, ffor thai haue no hartes to do so terable an acte. Ther bith therfore mo men hanged in Englande in a yere ffor robbery and manslaughter, then þer be hanged in Ffraunce ffor such maner of crime in vij yeres."

"Comparisons are odious."

"Some men haue said that it were good for the kyng, that the commons of Englande were made pore, as be the commons of Fraunce. For than thai wolde not rebelle, as now thai done oftentymes; wich the commons of Fraunce do not, nor mey doo; for thai haue no wepen, nor armour, nor good to bie it with all. To theis maner of men mey be said with the phylosopher, ad pauca respicientes de facili ennnciant. This is to say, thai that see but few thynges, woll sone say thair advyses. For soth theis folke consideren litill the good of the reaume of Englond, wherof the myght stondith most vppon archers, wich be no ryche men. And yf thai were made more pouere than thai be, thai shulde not haue wherwith to bie hem bowes, arroes, jakkes, or any other armour of defence, wherby thai myght be able to resiste owre enymes, when thai liste to come vppon vs; wich thai mey do in euery side, considerynge that we be a Ilelonde; and, as it is said before, we mey not sone haue soucour of any other reaume. Wherfore we shull be a pray to all owre enymyes, but yf we be myghty of owreself, wich myght stondith most vppon owre pouere archers; and therfore thai nedun not only haue suche ablements as now is spoken of, but also thai nedun to be much excersised in shotynge, wich mey not be done withowt ryght grete expenses, as euery man experte therin knowith ryght well. Wherfore the makyng pouere of the commons, wich is the makyng pouere of owre archers, shalbe the distruccion of the grettest myght of owre reaume."

"Moche Crye and no Wull."

"Muche crye and litil woll."

"One would much rather that twenty guilty persons should escape the punishment of death, than that one innocent person should be condemned and suffer capitally."

"Everyone was muttering about Bill Clinton's philanderings before he came to visit, but once he walked into the room none of the women - or men - could get enough of him. He rather ignored me: my hair wasn't big enough."

"I'm now a committed silver surfer."

"I would like to create a speedier and more efficient system. Careers and reputations are at stake, and it would be good to be able to inject a sense of calm and transparency into procedures."

"I'm fed up with this Scottish waving of nationalism when it suits them. Alright, they're devolved, but I think they did this just to show the rest of us oh, that we are independent, we make our own decisions, and it's been very embarrassing for the rest of us. And it started me thinking along these lines, if Scotland wants to be independent, OK, be my guest, go ahead, do what you want and [Applause] please take back with you all the Scottish politicians - there's so many of them - you know - starting with Blair and Brown and Campbell, take them all back, and off you go, and go off on your own, because actually, we're all subsidising them I think, by way of benefits and all sorts of reasons, and if they want to show how independent they are, OK, thank you and goodbye."

"Why is it after a century of socialist disasters, and an intellectual legacy that has been time and again exploded, the left-wing position remains, as it were, the default position to which thinking people gravitate when called upon for a comprehensive philosophy? Why are "right-wingers" marginalised in the educational system, denounced in the media and regarded by our political class as untouchable, fit only to clean up after the orgies of luxurious nonsense indulged in by their moral superiors?"

"The inescapable conclusion is that subjectivity, relativity and irrationalism are advocated [by Richard Rorty] not in order to let in all opinions, but precisely so as to exclude the opinions of people who believe in old authorities and objective truths. This is the short cut to [Antonio] Gramsci's new cultural hegemony: not to vindicate the new culture against the old, but to show that there are no grounds for either, so that nothing remains save political commitment.Thus, almost all those who espouse the relativistic 'methods' introduced into the humanities by Foucault, Derrida and Rorty are vehement adherents to a code of political correctness that condemns deviation in absolute and intransigent terms. The relativistic theory exists in order to support an absolutist doctrine. We should not be surprised therefore at the extreme disarray that entered the camp of deconstruction, when it was discovered that one of the leading ecclesiastics, Paul de Man, once had Nazi sympathies. It is manifestly absurd to suggest that a similar disarray would have attended the discovery that Paul de Man had once been a communist -- even if he taken part in some of the great communist crimes. In such a case he would haved enjoyed the same compassionate endorsement as was afforded to [György] Lukács, [Maurice] Merleau-Ponty and Sartre."

"We do not merely study the past: we inherit it, and inheritance brings with it not only the rights of ownership, but the duties of trusteeship. Things fought for and died for should not be idly squandered. For they are the property of others, who are not yet born."

"Take any aspect of the Western inheritance of which our ancestors were proud, and you will find university courses devoted to deconstructing it. Take any positive feature of our political and cultural inheritance, and you will find concerted efforts in both the media and the academy to place it in quotation marks, and make it look like an imposture or a deceit. (p. 40)"

"Conservatism starts from a sentiment that all mature people can readily share: the sentiment that good things are easily destroyed, but not easily created. This is especially true of the good things that come to us as collective assets: peace, freedom, law, civility, public spirit, the security of property and family life, in all of which we depend on the cooperation of others while having no means singlehandedly to obtain it. In respect of such things, the work of destruction is quick, easy, and exhilarating; the work of creation slow, laborious, and dull. That is one of the lessons of the twentieth century. It is also one reason why conservatives suffer such a disadvantage when it comes to public opinion. Their position is true but boring, that of their opponents exciting but false."

"Can a programme for less authority, less of the state, less supervision, be reconciled with the conservative idea? Roger Scruton is certain that it cannot. In his sombre, clerkly little book, he claims that freedom "cannot occupy a central place in conservative thinking ... for the conservative, the value of individual liberty is not absolute, but stands subject to another and higher value, the authority of established government." His concern is to hunt down and expose the liberalism which hides itself in conservative colours, and – though he does not explicitly say so – the present British government stands outside his definition of conservatism. Mr Scruton's is a rare, unfashionable voice in British political writing today: the voice of real authoritarianism. He could be a 20th-century inquisitor from Kingsley Amis’s fantasy The Alteration, to whom traditional power is its own end and the very questioning of power a sin. Even the Catholic Church is enfeebled by tolerance, in his opinion. Afflicted by the fad for reform, it has "partially forgotten the tradition of custom, ceremony and judicious manoeuvre ... calling to every man with the voice of immutable authority.""

"Europe owes its greatness to the fact that the primary loyalties of the European people have been detached from religion and re-attached to the land. Those who believe that the division of Europe into nations has been the primary cause of European wars should remember the devastating wars of religion that national loyalties finally brought to an end. And they should study our art and literature for its inner meaning. In almost every case, they will discover, it is an art and literature not of war but of peace, an invocation of home and the routines of home, of gentleness, everydayness and enduring settlement."

"[Asked "Do you still favour English independence?"] No, I don’t think I’ve ever really favoured English independence. My view is that if the Scots want to be independent then we should aim for the same thing. Scottish independence, I don't think the Welsh want independence, the Northern Irish certainly don't. The Scottish desire for independence is, to some extent, a fabrication. They want to identify themselves as Scots but still to be part of a,[sic] to enjoy the subsidy they get from being part of the kingdom. I can see there are Scottish nationalists who envision something more than that, but if that becomes a real political force then yeah, we should try for independence too. As it is, as you know, the Scots have two votes: they can vote for their own parliament and vote to put their people into our parliament, who come to our parliament with no interest in Scotland but an interest in bullying us."

"I've never been an optimist but that's fine because pessimists have the possibility of being agreeably surprised, and that's a reason for being pessimistic, but I've always defended a certain kind of pessimism because what is known as optimism is really a collection of illusions and I think one must recognise what all religious people know, which is that human beings are imperfect and fallen and there's no way in which they can alone surmount the problems which they themselves create."

"Orwell's essay speaks to us today. It tells us that patriotism is the sine qua non of survival, and that it arises spontaneously in the ordinary human heart. It does not depend upon any grand narrative of triumph of the kind put about by the fascists and the communists, but grows from the habits of association that we British have been fortunate enough to inherit. We do not use grand and tainted honorifics like "la patrie" or "das Vaterland". We refer simply to this spot of earth, which belongs to us because we belong to it, have lived in it, loved it, defended it and established peace and prosperity within its borders."

"National loyalty involves a love of home and a preparedness to defend it; nationalism is a belligerent ideology, which uses national symbols in order to conscript the people to war."

"He has quoted with approval from Joseph de Maistre, the French arch-reactionary, but hesitates to follow him to the conclusion that the public hangman is the key figure of the social order. And this illuminates an emptiness at the core of this amazing book. It is, as he says at the outset, a work of pure dogmatic. De Maistre thought that God wanted the sort of autocracy he described. Mr Scruton offers no sanction for his fearsome, static hierarchy. Religion may be encouraged, if it tightens the social bond, but is ultimately dispensable. Neither does he provide an anthropology suggesting that authoritarianism is the natural condition of the human race. His destructive criticism of liberal society has a black brilliance: his vision of the Leviathan which should replace it simply floats in the air. He asserts it is "natural"; he does not tell us why."

"Our notions of place, neighbourhood and home have stood us in good stead in all our national emergencies. But this identity is under threat from an ethos of repudiation. This ethos is nothing new. When Britain faced the prospect of annihilation from Hitler's armies, George Orwell wrote a famous essay, The Lion and the Unicorn, urging his readers to unite in defence of their country. The ability of the British to defend themselves, he argued, had been undermined from within, by both right and left. The bewildered remnant of the old ruling class, and the intellectuals who recoiled from patriotic feeling and could not utter the word "England" without a sneer, were combining to betray their country to the Nazis. The instinct of the British people in the face of the threat was to resist it, since that is what duty and love both require... Orwell's essay was a passionate attempt to show that the ordinary people were right. They could be trusted precisely because they were motivated by neither the self-interest of the upper class nor the self-righteousness of the intellectuals on the left, but by the only thing that mattered: an undemonstrative love of their country."

"In discussing tradition, we are not discussing arbitrary rules and conventions. We are discussing answers that have been discovered to enduring questions. (p. 21)"

"National loyalty is founded in the love of place, of the customs and traditions that have been inscribed in the landscape and of the desire to protect these good things through a common law and a common loyalty."

"Conservatives believe that our identities and values are formed through our relations with other people, and not through our relation with the state. The state is not an end but a means. Civil society is the end, and the state is the means to protect it. The social world emerges through free association, rooted in friendship and community life. And the customs and institutions that we cherish have grown from below, by the ‘invisible hand’ of co-operation. They have rarely been imposed from above by the work of politics, the role of which, for a conservative, is to reconcile our many aims, and not to dictate or control them."

"Conservatism is a philosophy of inheritance and stewardship; it does not squander resources but strives to enhance them and pass them on."

"Throughout my adult life governments around the Western world have been propagating the gospel of multiculturalism, which tells us that immigrants, from whatever part of the world and whatever way of life, are a welcome part of our “multicultural” society. Differences of language, religion, custom, and attachment don’t matter, they have reassured us, since all can form part of the colorful tapestry of the modern state. Anybody who publicly disagreed with that claim invited the attentions of the thought police, always ready with the charge of racism, and never so scrupulous as to think it a sin to destroy the career of someone, provided he was white, indigenous, and male. To be quite honest, living through this period of organized mendacity has been one of the least agreeable ordeals that we conservatives have had to undergo. Keeping your head down is bad enough; but filling your head with official lies means sacrificing thought as well as freedom."

"[T]o teach virtue we must educate the emotions, and this means learning "what to feel" in the various circumstances that prompt them."

"In all the areas of life where people have sought and found consolation through forbidding their desires—sex in particular, and taste in general—the habit of judgment is now to be stamped out."

"The real reason people are conservatives is that they are attached to the things that they love, and want to preserve them from abuse and decay. They are attached to their family, their friends, their religion, and their immediate environment. They have made a lifelong distinction between the things that nourish and the things that threaten their security and peace of mind."

"The future of mankind, for the socialist, is simple: pull down the existing order and allow the future to emerge."

"Philosophers seldom devote a book to a single art; hardly ever to architecture. Dr. Scruton's book is thus most welcome. It combines wide knowledge of architecture and architectural theories, copious examples and interesting views on aesthetics... Neither architects nor philosophers can ignore this book. Though I find parts of it questionable or arbitrarily stipulative, its richness, suggestiveness and scope make it absorbing reading."

"This is an important book and one of the best to appear in a long while."

"Scruton is one of the best philosophers currently writing on aesthetics and few can match his deep and catholic understanding of the arts."

"In many ways the topics covered by the book are new territory for Scruton. As a longstanding admirer of his writing and, though with rather more qualifications, of his thinking, I have read a good deal of his published output over the last few years, and find new themes in this book I do not recall before. The prospect of Scruton, the defender of hunting and elegist of rural England, defending the Enlightenment came as something of a surprise, though admittedly it is a somewhat Hegelianized and communized Enlightenment. His treatment of Islamic thought and ideas, while hardly uncontentious, is clearly fed by deep thought and much reading, and, as always, he writes like a dream."

"Roger Scruton has given us a fetching book on the nature and value of architecture, one which is almost as enlightening as it is infuriating (and that's saying a lot). There is a solid structure of argument at the heart of the book, but present too are all the occasions for pleasure usual with Scruton, such as a biting polemic and a nice style."

"Scruton does not disappoint. To be sure, niggling doubts about his purely musical analysis surface now and then. While he obviously believes his own insistence that Tristan is thoroughly tonal, it also allows him the convenience of sidestepping a number of complex musico-dramatic issues. He also resorts on occasion, for example on page 98, to the kind of descriptive jargon in which dear old Imogen Holst indulged in her hagiographical writing on Ben Britten. But there are here many quite wonderful turns of phrase that say much, beautifully, in little space. Thus, for example: "Wagner was an intemperate thinker, whose theories were thrown out from his prodigious sensibility like spray from a ship in full sail". I wish I'd written that. Scruton's almost frightening erudition is paired with an ability to explain in lucid, comprehensible prose what are in fact complex philological and philosophical issues. Whether he is elucidating the Upanishads, Schopenhauer, Kant or mediaeval epics, he never browbeats the reader, but draws him in to arguments that seem to possess a remarkable inevitability. Scruton offers a succinct tour of Wagner's sources for Tristan that is the most lucid that the present writer has yet encountered"

"A civilization is a social entity that manifests religious, political , legal, and customary uniformity over an extended period, and which confers on its members the benefits of socially accumulated knowledge."

"Despite my reservations about certain aspects of Sexual Desire, it is a book which deserves and repays serious and careful consideration; it is at once a highly sensitive and refined exploration of a central but philosophically neglected part of our Lebenswelt, and a bold attempt to relate the Lebenswelt in general and the area of human sexuality in particular to its physical basis. Throughout the book Scruton manifests a deep commitment to philosophy as a humane discipline, a commitment seen all too rarely in contemporary philosophy. The upshot is to give one confidence that philosophy can still, on occasion, respond to the hopes that were once placed on it, of being at once rigorous and responsive to the resonance of the human world."

"How, then, if music seems so self-contained and cut off from the everyday world in a way that literature painting can never be, can we engage with it so fully? And how can it be important to us? In his outstandingly good book, The Aesthetics of Music, Roger Scruton demonstrates, with all the erudition, eloquence and profound insight has become a hallmark of his writing, how an answer to the first question provides an answer to the second."

"Scruton begins his book with an expert account of the origins of the Tristan story and Wagner's treatment of it. Scruton has absolute command of this material, and he eloquently organizes it around a few central points. As a concise account of the evolution of the Tristan myth, the first two chapters of Scruton's book are unsurpassed... Scruton's deep love of Tristan seems to render him blind toward the inconsistencies of the Wagnerian enterprise and the ruptures in the fabric of the Gesamtkunstwerk. Unfortunately, this blindness undermines Scruton's arguments in the final chapters of the book. In these pages, Scruton uses Tristan to pronounce jeremiads against contemporary culture, attacking (among other things) popular music and pornography. Scruton has important things to say here, and we would take him more seriously if he did not grip so tightly onto the meaning of Wagner's work. Scruton's eloquent and persuasive prose alerts us to ways in which Wagner's music cuts across the grain of contemporary notions about love and sexuality. But the ability of Wagner's work to "speak against" or to "speak across" depends at least in part to ways in which it resists decoding and presents irreconcilable paradoxes. Scruton seems unable or unwilling to acknowledge these qualities, and his work suffers as a result."

"One of the most important contributions to its subject matter since Ruskin."

"The culture of a civilization is the art and literature through which it rises to consciousness of itself and defines its vision of the world."