Quotes
In the United States, except for slaves, servants and the destitute fed by townships, everyone has the vote and this is an indirect contributor to law-making. Anyone wishing to attack the law is thus reduced to adopting one of two obvious courses: they must either change the nation's opinion or trample its wishes under foot.
Many religions lay out a set of precepts... and claim that these instructions were given by a god or gods. For example, the first code of law by Hammurabi of Babylon... was handed to him by the god Marduk... this is a bamboozle... a pious hoax. ...if Hammurabi had merely said, "Here's what I think everybody should do," he would have been much less successful...
For property is robbery, but then, we are all robbers or would-be robbers together, and have found it essential to organise our thieving, as we have found it necessary to organise our lust and our revenge. Property, marriage, the law; as the bed to the river, so rule and convention to the instinct; and woe to him who tampers with the banks while the flood is flowing.
The law was sacred. Yes, but rebellion might be sacred too. It flashed upon her mind that the problem before her was essentially the same as that which had lain before Savonarola—the problem where the sacredness of obedience ended, and where the sacredness of rebellion began.
"Dear Emile, I am glad indeed to hear you speak like a man, and to behold the feelings of your heart. At your age this exaggerated unselfishness is not unpleasing. It will decrease when you have children of your own, and then you will be just what a good father and a wise man ought to be. I knew what the result would be before our travels; I knew that when you saw our institutions you would be far from reposing a confidence in them which they do not deserve. In vain do we seek freedom under the power of the laws. The laws! Where is there any law? Where is there any respect for law? Under the name of law you have everywhere seen the rule of self-interest and human passion. But the eternal laws of nature and of order exist. For the wise man they take the place of positive law; they are written in the depths of his heart by conscience and reason; let him obey these laws and be free; for there is no slave but the evil-doer, for he always does evil against his will. Liberty is not to be found in any form of government, she is in the heart of the free man, he bears her with him everywhere. The vile man bears his slavery in himself; the one would be a slave in Geneva, the other free in Paris.
When Augustus passed laws against celibacy, those laws showed that the Roman empire was already beginning to decline. Citizens must be induced to marry by the goodness of the government, not compelled to marry by law; you must not examine the effects of force, for the law which strives against the constitution has little or no effect; you should study what is done by the influence of public morals and by the natural inclination of the government, for these alone produce a lasting effect. It was the policy of the worthy Abbe de Saint-Pierre always to look for a little remedy for every individual ill, instead of tracing them to their common source and seeing if they could not all be cured together.
They say that in England there are prizes for agriculture; that is enough for me; that is proof enough that agriculture will not flourish there much longer.
[Footnote: The universal spirit of the laws of every country is always to take the part of the strong against the weak, and the part of him who has against him who has not; this defect is inevitable, and there is no exception to it.] From this first contradiction spring all the other contradictions between the real and the apparent, which are to be found in the civil order. The many will always be sacrificed to the few, the common weal to private interest; those specious words—justice and subordination—will always serve as the tools of violence and the weapons of injustice; hence it follows that the higher classes which claim to be useful to the rest are really only seeking their own welfare at the expense of others; from this we may judge how much consideration is due to them according to right and justice. It remains to be seen if the rank to which they have attained is more favourable to their own happiness to know what opinion each one of us should form with regard to his own lot. This is the study with which we are now concerned; but to do it thoroughly we must begin with a knowledge of the human heart.
If the laws of nations, like the laws of nature, could never be broken by any human power, dependence on men would become dependence on things; all the advantages of a state of nature would be combined with all the advantages of social life in the commonwealth. The liberty which preserves a man from vice would be united with the morality which raises him to virtue.
Each of us, unable to dispense with the help of others, becomes so far weak and wretched. We were meant to be men, laws and customs thrust us back into infancy.
As all those have shown who have discussed civil institutions, and as every history is full of examples, it is necessary to whoever arranges to found a Republic and establish laws in it, to presuppose that all men are bad and that they will use their malignity of mind every time they have the opportunity; and if such malignity is hidden for a time, it proceeds from the unknown reason that would not be known because the experience of the contrary had not been seen, but time, which is said to be the father of every truth, will cause it to be discovered.
...a clever Toronto lawyer was deep into a technical argument before the Supreme Court. His position was dependent upon a close reading of the legal text and turned on the letter of the law. Suddenly the chief justice, Beverley McLachlin, leaned forward and asked the counsel if his argument also worked in French. After all, the law is the law in both languages and a loophole in one tends to evaporate in the other. Only an argument of substance stands up. The lawyer had no idea what to reply.
p. 128
What is today supported by precedents will hereafter become a precedent.














