Robbers must exalted be,
Small ones on the Gallow-Tree,
While greater ones ascend to Thrones,
But what is that to thee or me?Benjamin Franklin (1706–1790) American statesman, scientist, philosopher, aphorist
Poor Richard Improved (1748 ed.)
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Quotations about:
justice system
Note not all quotations have been tagged, so Search may find additional quotes on this topic.
It is clear that the monarch who, through bad counsel or negligence, ceases to see that the laws are executed can easily repair the damage: he has only to get a new counsellor, or correct his own negligence. But when, in a popular government, the laws have ceased to be executed, since this can result only from corruption of the republic, the state is already undone.
[Il est clair encore que le monarque qui, par mauvais conseil ou par négligence, cesse de faire exécuter les loix, peut aisément réparer le mal ; il n’a qu’à changer de conseil, ou se corriger de cette négligence même. Mais lorsque, dans un gouvernement populaire, les loix ont cessé d’être exécutées, comme cela ne peut venir que de la corruption de la république, l’état est déja perdu.]
Charles-Lewis de Secondat, Baron de Montesquieu (1689–1755) French political philosopher
Spirit of Laws [The Spirit of the Laws; De l’esprit des lois], Book 3, ch. 3 (1748) [tr. Stewart (2018)]
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(Source (French)). Other translations:Clear it is also that a monarch, who through bad advice or indolence ceases to enforce the execution of the laws, may easily repair the evil: he has only to follow other advice; or to shake off this indolence. But when in popular government, there is a suspension of the laws, as this can proceed only from the corruption of the republic, the state is certainly undone.
[tr. Nugent (1750)]It is also clear that the monarch who ceases to see to the execution of the laws, though bad counsel or negligence, may easily repair the damage; he has only to change his counsel or correct his own negligence. But in a popular government when the laws have ceased to be executed, as this can only come from the corruption of the republic, the state is already lost.
[tr. Cohler/Miller/Stone (1989)]
No tyranny is more cruel than the one practiced in the shadow of the laws and under color of justice — when, so to speak, one proceeds to drown the unfortunate on the very plank by which they had saved themselves.
[Il n’y a point de plus cruelle tyrannie que celle que l’on exerce à l’ombre des lois et avec les couleurs de la justice, lorsqu’on va, pour ainsi dire, noyer des malheureux sur la planche même sur laquelle ils s’étaient sauvés.]
Charles-Lewis de Secondat, Baron de Montesquieu (1689–1755) French political philosopher
Considerations on the Causes of the Greatness of the Romans and their Decline [Considérations sur les causes de la grandeur des Romains et de leur décadence], ch. 14 “Tiberius” (1734, 1748 ed.) [tr. Lowenthal (1965)]
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Often mis-cited to his Spirit of Laws [The Spirit of the Laws; De l’esprit des lois] (1748).
(Source (French)). Other translations:No tyranny can have a severer effect that that which is exercised under the appearance of laws, and with the plausible colours of justice, when the executors of cruel power would, if we may use the expression, drown the unhappy wretches on the very plank that before saved them admidst the troubled waves.
[tr. B--- (1734)]There is no tyranny more cruel than that which is perpetrated under the color of the laws and in the name of justice -- when, so to speak, one is drawn down and drowned by means of the very plank which should have borne him up and saved his life.
[tr. Baker (1882)]There is no tyranny more cruel than that which is exercised within the shade of the law and with the colours of justice.
[E.g.]There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.
[E.g.]There is no crueler tyranny than that which is perpetrated under the shield of the law and in the name of justice.
[E.g.]
Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice.
Gordon Hewart (1870–1943) British politician and jurist; Lord Chief Justice of England (1922–1940)
Rex v Sussex Justices, ex parte McCarthy, [1924] 1 KB 256, [1923] EWHC KB 1, [1924] KB 256 (1923-11-09) [unanimous decision]
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PRECEDENT, n. In Law, a previous decision, rule or practice which, in the absence of a definite statute, has whatever force and authority a Judge may choose to give it, thereby greatly simplifying his task of doing as he pleases. As there are precedents for everything, he has only to ignore those that make against his interest and accentuate those in the line of his desire.
Ambrose Bierce (1842–1914?) American writer and journalist
“Precedent,” The Devil’s Dictionary (1911)
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Originally published in the "Cynic's Word Book" column in the New York American (1906-04-06), and the "Cynic's Dictionary" column in the San Francisco Examiner (1906-04-11).
All governments, democracies as well as autocracies, believe that those they seek to punish are guilty; the impediment of constitutional barriers are galling to all governments when they prevent the consummation of that just purpose. But those barriers were devised and are precious because they prevent that purpose and its pursuit from passing unchallenged by the accused, and unpurged by the alembic of public scrutiny and public criticism. A society which has come to wince at such exposure of the methods by which it seeks to impose its will upon its members, has already lost the feel of freedom and is on the path towards absolutism.
Learned Hand (1872–1961) American jurist
United States v. Coplon, 185 F.2d 629 (2d Cir. 1950) [majority opinion]
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JUSTICE, n. A commodity which in a more or less adulterated condition the State sells to the citizen as a reward for his allegiance, taxes, and personal service.
Ambrose Bierce (1842–1914?) American writer and journalist
“Justice,” The Cynic’s Word Book (1906)
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Included in The Devil's Dictionary (1911). Originally published in the "Devil's Dictionary" column in the San Francisco Wasp (1886-01-09).
A physician would not cure his patients more effectually if he were angry with them for being ill, and the criminal law is not more effective when it is inspired by anger against the criminal. The criminal presents a problem, psychological, educational, sociological, and economic; this difficult problem is not best handled in a state of blind rage. All arguments for corporal punishment spring from anger, not from scientific understanding. As men become more scientific, such barbaric practices will be no longer tolerated.
Bertrand Russell (1872–1970) English mathematician and philosopher
“On corporal punishment,” New York American (1932-09-07)
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In the words of the old saying, every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on.
Robert Francis Kennedy (1925–1968) American politician
The Pursuit of Justice, “Eradicating Free Enterprise in Organized Crime” (1964)
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The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. And those who need to be told would not understand it anyway. A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen’s safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility.
Robert H. Jackson (1892–1954) US Supreme Court Justice (1941–54), lawyer, jurist, politician
“The Federal Prosecutor,” speech, Conference of United States Attorneys, Washington, DC (1940-04-01)
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Concluding words. Delivered while Jackson was the US Attorney General. Reprinted in the Journal of the American Judicature Society (1940-06).
As a now-forgotten Sunday-morning chatter announced in horror: “This could cause people to think that the rich can buy their way out of the justice system.”
No shit.
Been going to Texas prisons for a long time. Seen nobody rich on Death Row yet. You mean money has something to do with justice in this country?Molly Ivins (1944–2007) American writer, political columnist [Mary Tyler Ivins]
Essay (2001-04), “Wake Me When We’re Equal,” The Progressive, Vol. 65, No. 4
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A shortened form (which is more widely quoted) was given in a Progressive memorial article for Ivins:Sunday-morning chatter announced in horror: "People may think the rich can buy their way out of the justice system." No shit. Been going to Texas prisons for a long time. Seen nobody rich on Death Row yet. You mean MONEY has something to do with justice in this country?
We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than one innocent person should suffer. The reason is, because it’s of more importance to community, that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in the world, that all of them cannot be punished; and many times they happen in such a manner, that it is not of much consequence to the public, whether they are punished or not.
But when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, it is immaterial to me, whether I behave well or ill; for virtue itself, is no security. And if such a sentiment as this, should take place in the mind of the subject, there would be an end to all security what so ever.John Adams (1735–1826) American lawyer, Founding Father, statesman, US President (1797–1801)
Speech (1770-12-03/04), Argument for the Defense, Boston Massacre Trial
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This is frequently (in social media) paraphrased down to:It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished. But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, “whether I do good or whether I do evil is immaterial, for innocence itself is no protection,” and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.
Adams volunteered to represent the British against murder charges, even though it was a very unpopular thing to do.
More info here: Quote Files: John Adams on Innocence, Guilt, and Punishment – The Skeptical Libertarian.
Yes, the bad-lawyer felony is the leading cause of the death penalty in Texas. The single most dangerous thing you can be in Texas is poor.
Molly Ivins (1944–2007) American writer, political columnist [Mary Tyler Ivins]
Essay (1997-06-10), Creators Syndicate column