“Laws change more slowly than custom, and though dangerous when they fall behind the times are more dangerous still when the presume to anticipate custom.”
“In fact, if law were restricted to protecting all persons, all liberties, and all properties; if law were nothing more than the organized combination of the individual s right to self-defense; if law were the obstacle, the check, the punisher of all oppression and plunder — is it likely that we citizens would then argue much about the extent of the franchise?”
“I do not think that illegal plunder, such as theft or swindling — which the penal code defines, anticipates, and punishes — can be called socialism. It is not this kind of plunder that systematically threatens the foundations of society. Anyway, the war against this kind of plunder has not waited for the command of these gentlemen. The war against illegal plunder has been fought since the beginning of the world. Long before the Revolution of February 1848 — long before the appearance even of socialism itself — France had provided police, judges, gendarmes, prisons, dungeons, and scaffolds for the purpose of fighting illegal plunder. The law itself conducts this war, and it is my wish and opinion that the law should always maintain this attitude toward plunder.”
“For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.”
“I was glad that our venerable, almost formless religions, drained of all intransigence and purged of savage rites, linked us mysteriously to the most ancient secrets of man and of earth, not forbidding us, however, a secular explanation of facts and a rational view of human conduct.”
“It is a considerable point in all good legislation to determine exactly the credibility of witnesses and the proofs of a crime. Every reasonable man, everyone, that is, whose ideas have a certain interconnection and whose feelings accord with those of other men, may be a witness. The true measure of his credibility is nothing other than his interest in telling or not telling the truth; for this reason it is frivolous to insist that women are too weak [to be good witnesses], childish to insist that civil death in a condemned man has the same effects as a real death, and meaningless to insist on the infamy of the infamous, when they have no interest in lying.”
“When a fixed code of laws, which must be observed to the letter, leaves no further care to the judge than to examine the acts of citizens and to decide whether or not they conform to the law as written; then the standard of the just or the unjust, which is to be the norm of conduct for the ignorant as well as for the philosophic citizen, is not a matter of controversy but of fact; then only are citizens not subject to the petty tyrannies of the many which are the more cruel as the distance between the oppressed and the oppressor is less, and which are far more fatal than those of a single man, for the despotism of many can only be corrected by the despotism of one; the cruelty of a single despot is proportioned, not to his might, but to the obstacles he encounters.”
“Every social ethic is doomed to failure if it is blind to personal responsibility (The Ten Commandments, 10).”
“Overregulation corrupts citizens and weakens the rule of law.”
“It is worth remembering one of the important lessons of the Buck story: a small number of zealous advocates can have an impact on the law that defies both science and conventional wisdom.”
“But even when the principle of equal treatment was betrayed, American leaders in every era have emphatically affirmed it, not so much out of hypocrisy as out of aspiration. Indeed, for those who were devoted to justice, the persistence of inequality was precisely what made equality before the law so imperative.”
“...нет закона, одинаково мудрого для всех.”
“I assure you the law isn t a line engraved in marble, immovable and unchangeable through the centuries. Rather...the law is like a string, fixed at both ends but with a great deal of play in it-very loose, the line of the law-so you can stretch it this way or that, rearrange the arc of it so you are always-short of the blantant theft or cold-blooded murder-safely on the right side.”
“If you let loose a law, it will do as a dog does. It will obey its own nature, not yours. Such sense as you have put into the law (or the dog) will be fulfilled. But you will not be able to fulfil a fragment of anything you have forgotten to put into it.”
“If international law is, in some ways, at the vanishing point of law, the law of war is, perhaps even more conspicuously, at the vanishing point of international law.”
“Plainly it is not every error made by a witness which affects his credibility. In each case the trier of fact has to make an evaluation; taking into account such matters as the nature of the contradictions, their number and importance, and their bearing on other parts of the witness s evidence.”
“But that s always a certain way to recognise a facist: when he s more powerful he kills everything that s different from him, he uses only brute force while law breaks like glass under his boots. And then, when he loses and when he s weak, he invokes the law and tolerance of differences. All of a sudden, he knows by heart every single human rights convention he broke so many times before.”