Good (law)

“ In the healthy, vigorous feeling of legal right of the individual, the state possesses the most fruitful source of its own strength, the surest guaranty, from within and from without, of its own existence. The feeling of legal right is the root of the whole tree. If the root be good for nothing, if it withers in the rocks and in the sand, all the rest is but an illusion ”

“ Laws promulgate duties, but do not give birth to them; they could not violate duties without being unjust, and ceasing to merit the beautiful name of laws—that is to say, decisions of the public authority worthy of appearing obligatory to the conscience of all. Nevertheless, although laws have no other virtue than that of declaring what exists before them, we often found on them right and justice, to the great detriment of justice itself, and the sentiment of right. Time and habit despoil reason of its natural rights in order to transfer it to law. ”

“ There are rules anterior to all positive laws. I cannot grant that the action of conscience and the idea of right are the work of the legislator. It is not law that made the family, property, liberty, equality, the idea of good and evil. ”

“ No law can be sacred to me but that of my nature. Good and bad are but names very readily transferable to that or this; the only right is what is after my constitution; the only wrong what is against it. ”

“ In the eye of the law they have rights of appropriation, but in fact they have not the chance of providing means for a free moral life, of developing and giving reality or expression to a good will, an interest in social well-being. ”

“ The natural liberty of Men by entring into society is abridg'd or restrained so far only as is necessary for the Great end of Society the best good of the whole-
In the state of nature, every man is under God, Judge and sole Judge, of his own rights and the injuries done him: By entering into society, he agrees to an Arbiter or indifferent Judge between him and his neighbours; but he no more renounces his original right, than by taking a cause out of the ordinary course of law, and leaving the decision to Referees or indifferent Arbitrations. ”

“ Speaking of the origin of civil power and the objects of law, he lays down these principles: "The law, strictly speaking, is directed primarily and principally to the common good; and to decree anything for the common benefit belongs either to the whole body of the people, or to some one acting in their place." ”

“ As to your opinion, that the love of our country ought to be the motive of our studying the learning of our ancestors, do not you see that the old statutes either are become obsolete, or repealed by new laws? But you think that the civil law renders men good, because it enacts rewards for virtue, and punishment for vice. ”

“ By the side of interest, which is the law of sensibility, reason has made us recognize the law of duty, which a free being can alone fulfil. From these ethics has sprung a generous political doctrine, giving to right a sure foundation in the respect due to the person, establishing true liberty, and true equality, and calling for institutions, protective of both, which do not rest on the mobile and arbitrary will of the legislator, whether people or monarch, but on the nature of things, on truth and justice. ”

“ No less service will be rendered by the twentieth-century philosophical theory, whatever it is, which puts the jural postulate of civilized society in our day and place with respect to good faith, and its corollary as to promises, in acceptable form, and furnishes jurist and judge and lawmaker with a logical critique, a workable measure of decision and an ideal of what the law seeks to do, whereby to carry forward the process of enlarging the domain of legally enforceable promises and thus enlarging on this side the domain of legal satisfaction of human claims. ”

“ Now laws are said to be just, both from the end, when, to wit, they are ordained to the common good---and from their author, that is to say, when the law that is made does not exceed the power of the lawgiver---and from their form, when, to wit, burdens are laid on the subjects, according to an equality of proportion and with a view to the common good. ”

“ And as before so here, we see that, ethically considered, this law implies that each individual ought to receive the benefits and the evils of his own nature and consequent conduct: neither being prevented from having whatever good his actions normally bring to him, nor allowed to shoulder off on to other persons whatever ill is brought to him by his actions. ”

“ Jurists and legislators note and deplore the passing of respect for the Law and of faith in the courts, and they wonder why. It is largely because we laymen think we observe that legislation purporting to be for the common good is bought for the special evils; that laws exacted to help us are manipulated to our hurt ”

“ But let them consider, That though good Laws do well, good Men do better: For good Laws may want good Men, and be abolished or evaded by ill Men; but good Men will never want good Laws, nor suffer ill ones. ”

“ but the opinion of all lawyers, the unanimous cry of the nation, and the good of the state, are in themselves a law. ”

“ In defending his legal rights he asserts and defends the whole body of law, within the narrow space which his own legal rights occupy. Hence his interest, and this, his mode of action, extend far beyond his own person. The general good which results therefrom is not only the ideal interest, that the authority and majesty of the law are protected, but this other very real and eminently practical good which every one feels and understands, even the person who has no conception whatever of the former—that the established order of social relations is defended and assured. ”

“ Thus from the four preceding articles, the definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated. ”

“ In any case, my business is that of every other good citizen—to uphold the law. ”

“ “Speak well of the law. Take care of your chest and voice, my good friend, and leave the law to take care of itself. I give you that advice.” ”

“ Good laws lead to the making of better ones; bad ones bring about worse. ”

“ On the other hand, the constitutions of all civilized governments, whether written or unwritten, the principles of the civil as well as those of the common law, and the teachings of wise men of ancient and of modern times, recognize as a duty the protection of individual or selfish interests. They recognize as just and necessary the restraint and punishment of wrong-doers, and the protection of the rights and interests of the individual in person and property. ”

“ But we must remember that good laws, if they are not obeyed, do not constitute good government. ”

“ I am properly obliged to those actions and forbearances which are necessary to the general freedom, necessary if each is not to interfere with the realisation of another's will. My duty is to be interested positively in my neighbour's well-being. And it is important to understand that, while the enforcement of obligations is possible, that of moral duties is impossible. But the establishment of obligations by law or authoritative custom, and the gradual recognition of moral duties, have not been separate processes They have gone on together in the history of man. ”

“ IN every human society, there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort, and to diffuse their influence universally, and equally. ”

“ In the complicated relations of human life, various rules for the moral conduct of men have been devised, some of them in the form of statute laws, some in the form of customs, and, in virtue of these rules, certain artificial demands are made of men, which have no foundation in the moral nature of man; these demands are thought to represent duties. We have the same word to describe what I ought to do as subject to the law of God, and what is demanded of me by custom, or the statute. We call each a duty. ”

“ The great principle of the common law, which is equally the teaching of Christian morality, so to use one's property as not to injure others, forbids any other application or use of the rights and powers conferred. ”

“ These wonders are the work of law. It is to law alone that men owe justice and liberty. It is this salutary organ of the will of all which establishes, in civil right, the natural equality between men. ”

“ We should realize early in life that law is absolutely necessary to guide human conduct, to restrain wrongful conduct, to punish wrong doing, and thus to aid in protecting us in our right to life, liberty, and property. ”

“ When law is used in the sense of the standard of justice, it is said that it “is the standard of conduct which in consequence of the inner impulse that urges men toward a reasonable form of life, emanates from the whole, and is forced upon the individual”; [3] or that it is “the objective co-ordination of possible acts among men, according to an ethical principle which determines them and prevents their interference.” ”

“ But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts or English courts are likely to do in fact. I am much of his mind. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.
Take again a notion which as popularly understood is the widest conception which the law contains;—the notion of legal duty, to which already I have referred. We fill the word with all the content which we draw from morals. ”

“ It is that of the general will, which can neither be alienated nor represented. Is the prince above the law? The answer is, He is a member of the state, and cannot be so. Can the law be unjust? No one can be unjust to himself: therefore not the whole people to the whole people. How can we be free and yet subject to the laws? The laws are the register of our own will. (Ib.) Laws, in short, are properly those general 'conditions of civil association' which the associates impose on themselves. ”

“ How striking and instructive to observe the abstract rules of justice brought to bear, with equal readiness and precision, upon ordinary and extraordinary combinations of circumstances!—to witness the dead letter of the law become animated with potent vitality for the regulation of human affairs! ”

“ What is government? The reverend gentleman who occupied this platform asserts that governments are divine, when all history teems with their sacrilegious proceedings. Or does he mean simply that this government is divine? If so, where is its sign-manual? The proper function of law as applied to society, is the protection of the rights of the individual. When it fails in this it is no longer binding on the conscience, according to the authority of one of the brightest lights in jurisprudence, whence this nation borrowed its common law. ”

“ Thus, legal justice directs the parts to respect the rights of the whole, and it is exercised by all those who promote the common good of a society by fulfilling well the duties which pertain to their position and rank in the society. ”

“ There is a moral duty to discharge such obligations, and to do so in a certain spirit, but the obligation is such as that with which law has to do or may have to do, is relative to an outward act merely, and does not amount to a moral duty. There is a moral duty in regard to obligations, but there can be no obligation in regard to moral duties. Thus the 'jus naturae'—the system of rights and obligations, as it should become no less than as it actually is maintained—is distinct from morality in the proper sense. ”

“ This great law and this great legitimacy are the enjoyment of the natural rights of man, ruled by his duties; for it is the duty that creates the right, and not the right that creates the duty; the passions and the vices relegate us to the class of slaves. ”

“ That is a matter of individual taste and temperament; one loves contention more, and the other peace; from the standpoint of law both conclusions are to be equally respected; for the law leaves to every one who has a legal right, the choice of asserting his right or of surrendering it. ”

“ The degree of energy with which the feeling of legal right reacts against an infringement of legal right is, in my eyes, a sure measure of the importance which individuals, a class or people, really attach, both to the law in general and to a special branch of it, for themselves and their special aim in life. ”

“ We will sell to no man, we will not deny or delay to any man, justice or right.' It is obvious that these words, interpreted by any honest court of law, convey an ample security for the two main rights of civil society. ”

“ I like no law at all:
Were there no law there’d be no law-breakers,
So all men would be virtuous. ”

“ The intense intellectual and emotional life, and the heightening of sensations which came with the advance of civilization, made it clear to men that only a part of the pain, pleasure, and profit of life lay in physical things. Thoughts, emotions, and sensations demanded legal recognition, and the beautiful capacity for growth which characterizes the common law enabled the judges to afford the requisite protection, without the interposition of the legislature. ”

“ Law, ceasing to frame mischief, is restored to its own wholesome and glorious character, as the handmaid of equity—and one of the first lawyers of the age, placed at the fountain head of justice, and freed by the gathered effulgence of truth, from the sophisms of his character and his class, casts off his prejudices and restores to liberty, her resting place on earth. ”

“ The lawlessness that broke down our Capitol doors today is a reminder of just how sacred our duty is to uphold the rule of law. I want to extend my thanks to my colleagues who join me in continuing the constitutional duties of Congress and having this debate tonight with civility and without fear. ”