While democracy must have its organization and controls, its vital breath is individual liberty.
Charles Evans Hughes, Sr. (1862-1948) American statesman, politician, Supreme Court Justice (1910-1916, 1930-1941)
Speech (4 Mar 1939)
Quotations about:
law
Note not all quotations have been tagged, so Search may find additional quotes on this topic.
Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, and expenses, and waste of time. As a peacemaker the lawyer has a superior opertunity [sic] of being a good man. There will still be business enough.
Abraham Lincoln (1809-1865) American lawyer, politician, US President (1861-65)
“Notes on the Practice of Law” (1850?)
The precepts of the law are these: to live honestly, to injure no one, and to give everyone his due.
Justinian I (c. 482-565) Byzantine emperor [Justinian the Great]
Code of Justinian (533)
We should never forget that everything Adolf Hitler did in Germany was “legal” and everything the Hungarian freedom fighters did in Hungary was “illegal.”
Martin Luther King, Jr. (1929-1968) American clergyman, civil rights leader, social activist, preacher
Letter from Birmingham Jail (16 Apr 1963)
(Source)
POLLY PEACHUM: The law is simply and solely made for the exploitation of those who do not understand it or of those who, for naked need, cannot obey it.
Bertolt Brecht (1898-1956) German poet, playwright, director, dramaturgist
Die Dreigroschenoper [The Three-Penny Opera], Act 3, sc. 1 (1928)
Alt. trans.: "The law was made for one thing alone, for the exploitation of those who don't understand it, or are prevented by naked misery from obeying it."
You must remember that some things that are legally right are not morally right.
Abraham Lincoln (1809-1865) American lawyer, politician, US President (1861-65)
(Attributed)
Remark to potential client (1840s?), refusing his case involving a $600 claim against a widow with six children. In F. Brown, The Every-Day Life of Abraham Lincoln, 2.6 (1887).
No law is stronger than is the public sentiment where it is to be enforced.
Abraham Lincoln (1809-1865) American lawyer, politician, US President (1861-65)
Letter to John J. Crittenden (22 Dec 1859)
One should never forbid what one lacks the power to prevent.
Napoleon Bonaparte (1769-1821) French emperor, military leader
(Attributed)
An aphorism he frequently used. See Sophocles.
The great can protect themselves, but the poor and humble require the arm and shield of the law.
Andrew Jackson (1767-1845) American politician, general, US President (1829-1837)
Letter to John Quincy Adams (26 Aug 1821)
Law and Justice play no role in the relations of peoples of unequal strength.
Gustave LeBon (1841-1931) German psychologist
Aphorisms of Present Times, 2.6 (1913)
In dealing with the law and with people I have found a vast difference between “should” and “is.”
Robert A. Heinlein (1907-1988) American writer
Friday [Brian] (1982)
What you cannot enforce,
Do not command!Sophocles (496-406 BC) Greek tragic playwright
Oedipus at Colonus, l. 839 [tr. Fitzgerald (1941)]
It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow.
James Madison (1751-1836) American statesman, political theorist, US President (1809-17)
The Federalist Papers, #62 (Feb 1788)
Unkindness has no Remedy at Law.
Thomas Fuller (1654-1734) English physician, preacher, aphorist, writer
Gnomologia: Adages and Proverbs, #5402 (1732)
(Source)
Honest Men often go to Law for their Right; when Wise Men would sit down with the Wrong, supposing the first Loss least. In some Countries the Course of the Courts is so tedious, and the Expence so high, that the Remedy, Justice, is worse than, Injustice, the Disease. In my Travels I once saw a Sign call’d The Two Men at Law; One of them was painted on one Side, in a melancholy Posture, all in Rags, with this Scroll, I have lost my Cause. The other was drawn capering for Joy, on the other Side, with these Words, I have gain’d my Suit; but he was stark naked.
Benjamin Franklin (1706-1790) American statesman, scientist, philosopher, aphorist
Poor Richard’s Almanack (1742)
The final battle against intolerance is to be fought, not in the chambers of any legislature, but in the hearts of men.
Dwight David Eisenhower (1890-1969) American general, US President (1953-61)
Speech, Hollywood Bowl, Beverly Hills, California (19 Oct 1956)
That your Sex are Naturally Tyrannical is a Truth so thoroughly established as to admit of no dispute, but such of you as wish to be happy willingly give up the harsh title of Master for the more tender and endearing one of Friend. Why, then, not put it out of the power of the vicious and the Lawless to use us with cruelty and indignity with impunity? Men of Sense in all Ages abhor those customs which treat us only as the vassals of your sex; regard us then as Beings placed by Providence under your protection, and in imitation of the Supreme Being make use of that power only for our happiness.
Abigail Adams (1744-1818) American correspondent, First Lady (1797-1801)
Letter to John Adams (31 Mar 1776)
It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.
Oliver Wendell Holmes, Jr. (1841-1935) American jurist, Supreme Court Justice
“The Path of the Law,” Speech to the Supreme Judicial Court of Massachusetts (8 Jan 1897)
(Source)
To spare the guilty is to injure the innocent.
Publilius Syrus (d. 42 BC) Assyrian slave, writer, philosopher [less correctly Publius Syrus]
Sententiae [Moral Sayings], # 113 [tr. Lyman (1862)]
The Bill of Rights was designed trustfully to prohibit forever two of the favorite crimes of all known governments: the seizure of private property without adequate compensation and the invasion of the citizen’s liberty without justifiable cause and due process.
H. L. Mencken (1880-1956) American writer and journalist [Henry Lewis Mencken]
“On Government,” Prejudices: Fourth Series (1924)
A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.
Thomas Jefferson (1743-1826) American political philosopher, polymath, statesman, US President (1801-09)
Letter to James Madison (20 Dec 1787)
(Source)
The Law is a blunt instrument. It’s not a scalpel. It’s a club. If there is something you consider indefensible, and there is something you consider defensible, and the same laws can take them both out, you are going to find yourself defending the indefensible.
Neil Gaiman (b. 1960) British author, screenwriter, fabulist
Neil Gaiman’s Journal, “Why defend freedom of icky speech?” (1 Dec 2008)
(Source)
See Dershowitz.
The rack, or question, to extort a confession from criminals, is a practice of a different nature; […] an engine of the state, not of law.
William Blackstone (1723-1780) British jurist, judge, politician
Commentaries on the Laws of England, Book 4 “Of Public Wrongs,” ch. 25 “Arraignment” (1769)
An excellent master is always better than an excellent law. Let your laws be ever so good, if the lawmakers are bad, all will come to nothing.
Thomas Brooks (1608-1680) English Puritan divine, writer
Heaven on Earth (1654)
Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. … This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation. But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this court has often overruled its earlier decisions. The court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.
Louis Brandeis (1856-1941) American lawyer, activist, Supreme Court Justice (1916-39)
Burnet v. Coronado Oil & Gas Co., 285 U.S. 393 (1932) [dissent]
Did reason govern mankind, there would be little occasion for any other government, either monarchical, aristocratical, democratical, or mixed. But man, whom we dignify with the honourable title of Rational, being much more frequently influenced, in his proceedings, by supposed interest, by passion, by sensual appetite, by caprice, by any thing, by nothing, than by reason; it has, in all civilized ages and countries, been found proper to frame laws and statutes fortified by sanctions, and to establish orders of men invested with authority to execute those laws, and inflict the deserved punishments upon the violators of them. By such means only has it been found possible to preserve the general peace and tranquility.
James Burgh (1714-1775) British politician and writer
Political Disquisitions, Book 1 “Of Government, briefly,” ch. 1 “Government by Laws and Sanctions, why necessary” (1774)
(Source)
At the foundation of our civil liberty lies the principle which denies to government officials an exceptional position before the law and which subjects them to the same rules of conduct that are commands to the citizen.
Louis Brandeis (1856-1941) American lawyer, activist, Supreme Court Justice (1916-39)
Burdeau v. McDowell, 256 U.S. 465, 477 (1921) [dissent]
The legal right of a taxpayer to decrease the amount of what otherwise would be his taxes, or altogether avoid them, by means which the law permits, cannot be doubted.
George Sutherland (1862-1942) Anglo-American jurist, Supreme Court Justice (1922-1938)
Gregory v. Helvering, 293 U.S. 465, 469 (1935)
If the provisions of the Constitution be not upheld when they pinch as well as when they comfort, they may as well be abandoned.
George Sutherland (1862-1942) Anglo-American jurist, Supreme Court Justice (1922-1938)
Home Building & Loan Association v. Blaisdell, 290 U.S. 398, 483 (1934)
If this spirit ever be so far debased as to tolerate a law not obligatory on the legislature as well as on the people, the people will be able to tolerate anything but liberty.
James Madison (1751-1836) American statesman, political theorist, US President (1809-17)
The Federalist #57 “The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many” (19 Feb 1788)
Some men think that rules should be made of cast iron; I believe they should be made of rubber, so they can be stretched to fit any particular case and then spring back into shape again. The really important part of a rule is the exception to it.
George Horace Lorimer (1867-1937) American journalist, author, magazine editor
Old Gorgon Graham: More Letters from a Self-Made Merchant to His Son, ch. 3 (1903)
(Source)
At a dinner given by Periander, tyrant of Corinth, to the Seven Wise Men, including Anacharsis, the question was asked, What is the ideal state, or most perfect form of popular government? The answers given by the philosophers were as follows:—
Solon: “That in which an injury done to the least of its citizens is an injury done to all.”
Bias: “Where the law has no superior.”
Thales: “Where the rich are neither too rich, nor the poor too poor.”
Anacharsis: “Where virtue is honored, and vice detested.”
Pittacus: “Where dignities are always conferred on the good, never on the bad.”
Cleobulus: “Where the citizens fear blame more than punishment.”
Chilo: “Where the laws are more regarded, and have more authority, than the orators.”
Goethe has asked, “What government is best? That which teaches us to govern ourselves.” At another time he said, “The best government is that which makes itself superfluous.”
“Good government,” says Confucius, “obtains when those who are near are made happy, and those who are far off are attracted.”
The first and highest form of the state and of the government and of the law is that which there prevails most widely the ancient saying, that “Friends have all things in common.”
Plato (c.428-347 BC) Greek philosopher
Plato, Laws, 5.739 [tr. Jowett (1894)]
The State exists for man, not man for the State.
Albert Einstein (1879-1955) German-American physicist
“The Road to Peace,” New York Times (22 Nov 1931)
(Source)
In The World As I See It [tr. Harris (1934)], given as "The State is made for man, not man for the State."
There should be no articles of faith in science, unless it be the faith that no discovery, no law, is so absolute that it cannot be superseded.
Anthony Storr (1920-2001) English psychiatrist and author
Feet of Clay: Saints, Sinners and Madmen, ch. 10 (1996)
(Source)
Remember that those of us who are both civilized and prudent commit our murders only under the complicated rules which permit us to avoid personal responsibility.
Rex Stout (1886-1975) American writer
Fer-de-Lance, Nero Wolfe, chapter 16 (1934)
I think the detective story is by far the best upholder of the democratic doctrine in literature. I mean, there couldn’t have been detective stories until there were democracies, because the very foundation of the detective story is the thesis that if you’re guilty you’ll get it in the neck and if you’re innocent you can’t possibly be harmed. No matter who you are. There was no such conception of justice until after 1830. There was no such thing as a policeman or a detective in the world before 1830, because the modern conception of the policeman and detective, namely, a man whose only function is to find out who did it and then get the evidence that will punish him, did not exist. … In Paris before the year 1800 — read the Dumas stories — there were gangs of people whose business was to go out and punish wrongdoers. But why? Because they had hurt De Marillac or Richelieu or the Duke or some Huguenot noble, not just because they had harmed society. It is only the modern policeman that is out to protect society.
Rex Stout (1886-1975) American writer
On “The Adventures of Sherlock Holmes,” Invitation to Learning Radio Show, hosted by Mark Van Doren (Jan 1942)
Transcribed in Mark Van Doren, The New Invitation to Learning: The Essence of the Great Books of All Times (1942).
In political institutions, almost everything we call an abuse was once a remedy.
Joseph Joubert (1754-1824) French moralist, philosopher, essayist, poet
Pensées (1838) [ed. Auster (1983)]
The question is not, Can they reason? nor, Can they talk? but, Can they suffer?
Jeremy Bentham (1748-1832) English jurist and philosopher
An Introduction to the Principles of Morals and Legislation, ch. 17, sec. 1, footnote (1789)
(Source)
On animals, questioning why they are treated differently under the law.
Laws, like sausages, cease to inspire respect in proportion as we know how they are made.
Otto von Bismarck (1815-1898) Prussian statesman
(Misattributed)
This and variants are attributed to Bismarck (no earlier than the 1930s), as well as to Kaiser Wilhelm, Benjamin Disraeli, and French statesman Honoré Gabriel de Riqueti. Variations on this theme were popular in late 19th Century America.
The precise wording above is attributed to Vermont lawyer and author John Godfrey Saxe, in University Chronicle, University of Michigan (27 Mar 1869).
Variants (usually cited to Bismarck):
- "If you like laws and sausages, you should never watch either one being made."
- "Laws are like sausages — it is best not to see them being made."
- "Laws are like sausages. It is better not to see them being made."
- "Laws are like sausages. You should never see them made."
- "Laws are like sausages. You should never watch them being made."
- "Law and sausage are two things you do not want to see being made."
- "No one should see how laws or sausages are made."
- "To retain respect for sausages and laws, one must not watch them in the making."
- "The making of laws like the making of sausages, is not a pretty sight."
- "Je weniger die Leute darüber wissen, wie Würste und Gesetze gemacht werden, desto besser schlafen sie nachts." [The less the people know about how sausages and laws are made, the better they sleep in the night.]
When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge’s work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.
Robert H. Jackson (1892-1954) US Supreme Court Justice (1941-54), lawyer, jurist, politician
Speech, Greater Buffalo Advertising Club, New York (1933)
(Source)
Quoted in Eugene Gerhart, America's Advocate: Robert H. Jackson, ch. 4 (1958).
Whoever desires to found a state and give it laws must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it.
Niccolò Machiavelli (1469-1527) Italian politician, philosopher, political scientist
The Discourses on Livy, Book 1, Introduction (1517) [tr. Detmold (1882)]
Alt. trans.: "It is necessary for him who lays out a state and arranges laws for it to presuppose that all men are evil and that they are always going to act according to the wickedness of their spirits whenever they have free scope." [Discourse upon the First Ten Books of Livy, Book 1, ch. 3 (1513-18) [tr. Gilbert]]
To this war of every man against every man, this also is consequent; that nothing can be unjust. The notions of right and wrong, justice and injustice, have there no place. Where there is no common power, there is no law; where no law, no injustice. Force and fraud are in war the two cardinal virtues.
Extreme law is often extreme injustice.
[Ius summum saepe summa malitia est.]
Terence (186?-159 BC) African-Roman dramatist [Publius Terentius Afer]
Heauton Timoroumenos [The Self-Tormentor], Act 4, sc. 5, l. 48 (l. 796)
Alternate translations:
- "The highest law is often the greatest wrong."
- "Extreme justice is often extreme malice."
- "Rigorous law is often rigorous injustice."
For it seems to me that an unjust law is no law at all.
[Nam mihi lex esse non videtur, quae justa non fuerit.]
Augustine of Hippo (354-430) Christian church father, philosopher, saint [b. Aurelius Augustinus]
On Free Choice of the Will [De Libero Arbitrio Voluntatis], Book 1, ch. 4, sec. 11 / 33 (1.4.11.22) (AD 388) [tr Williams (1993)]
(Source)
More discussion about this and parallel quotations from other notables: An unjust law is no law at all - Wikipedia.
(Source (Latin)). Alternate translations:
A law which is not just does not seem to me to be a law.
[tr. Mark Pontifex (1955)]
For I think that a law that is not just is not a law.
[tr. Benjamin/Hackstaff (1964)]
For I think a law that is not just, is not actually a law.
[E.g.]
I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace, in which the Negro passively accepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality.
Martin Luther King, Jr. (1929-1968) American clergyman, civil rights leader, social activist, preacher
Letter from Birmingham Jail (16 Apr 1963)
(Source)
It is the besetting vice of democracies to substitute public opinion for law. This is the usual form in which masses of men exhibit their tyranny.
James Fenimore Cooper (1789-1851) American novelist
“On the Disadvantages of Democracy,” The American Democrat (1838)
A government of laws, and not of men.
John Adams (1735-1826) American lawyer, Founding Father, statesman, US President (1797-1801)
“Novanglus” #7, Boston Gazette (6 Mar 1775)
Adams credited the line to James Harrington (1611-77), who wrote of "the empire of laws and not of men" (The Commonwealth of Oceana (1656)). Adams later used the term in the Massachusetts Constitution, Bill of Rights, article 30 (1780).
You ask, What makes it worth defending? and the only answer I can give is this: Freedom to write, freedom to read, freedom to own material that you believe is worth defending means you’re going to have to stand up for stuff you don’t believe is worth defending, even stuff you find actively distasteful, because laws are big blunt instruments that do not differentiate between what you like and what you don’t, because prosecutors are humans and bear grudges and fight for re-election, because one person’s obscenity is another person’s art. Because if you don’t stand up for the stuff you don’t like, when they come for the stuff you do like, you’ve already lost.
Neil Gaiman (b. 1960) British author, screenwriter, fabulist
Blog entry (2008-12-01), “Why defend freedom of icky speech?”
(Source)
There is far too much law for those who can afford it and far too little for those who cannot.
Derek Bok (b. 1930) American lawyer, educator
Report to Harvard Board of Overseers (21 Apr 1983)
I have spent all my life under a communist regime and I will tell you that a society without any objective legal scale is a terrible one indeed. But a society with no other scale but the legal one is not quite worthy of man either. A society which is based on the letter of the law and never reaches any higher is taking very scarce advantage of the high level of human possibilities. The letter of the law is too cold and formal to have a beneficial influence on society. Whenever the tissue of life is woven of legalistic relations, there is an atmosphere of moral mediocrity, paralyzing man’s noblest impulses.
Alexander Solzhenitsen (1918-2008) Russian novelist, emigre [Aleksandr Isayevich Solzhenitsyn]
“A World Split Apart,” Commencement Address, Harvard (8 Jun 1978)
(Source)
If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice.
Learned Hand (1872-1961) American jurist
Speech, Legal Aid Society of New York (1951-02-16)
(Source)
On ensuring that accused persons did not lack for counsel needed for a fair trial.
The prestige of government has undoubtedly been lowered considerably by the prohibition law. For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. It is an open secret that the dangerous increase of crime in the United States is closely connected with this.
Albert Einstein (1879-1955) German-American physicist
“My First Impression of the U.S.A.” (1921)
(Source)
Later published as "Some Notes on my American Impressions" in The World As I See It (1949)
It may be true that morality cannot be legislated, but behavior can be regulated. It may be true that the law cannot change the heart but it can restrain the heartless. It may be true that the law can’t make a man love me, but it can restrain him from lynching me, and I think that’s pretty important also.
Martin Luther King, Jr. (1929-1968) American clergyman, civil rights leader, social activist, preacher
“The Other America,” speech, Stanford University (14 Apr 1967)
(Source)
A motif King used frequently. In the Wall Street Journal (13 Nov 1962), King used the line, "It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I think that's pretty important." In Strength to Love, 3.3 (1963), he wrote, "Morality cannot be legislated, but behavior can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless."
There is no surer way to misread any document than to read it literally; in every interpretation we must pass between Scylla and Charybdis; and I certainly do not wish to add to the barrels of ink that have been spent in logging the route. As nearly as we can, we must put ourselves in the place of those who uttered the words, and try to divine how they would have dealt with the unforeseen situation; and, although their words are by far the most decisive evidence of what they would have done, they are by no means final.
Learned Hand (1872-1961) American jurist
Guiseppi v. Walling, 144 F.2d 608, 624 (2d Cir. 1944) [concurring]
(Source)