Law

“ Modern law is a maze of verbiage; but law two centuries old is as clipped and trim as the trees in an old Dutch garden—not written in irritating black letter, but printed in plain, clear type, and its orthography only differs from our own in such minor points as old wine bottles do from new, affording just that conclusive evidence of age that is satisfactory. ”

“ I believe in law and order; but I believe, as a condition precedent, that law and order should be predicated upon right and justice, pure and simple. Law is, intrinsically, a written expression of justice; if, on the contrary, it becomes instead written injustice, men are not, strictly speaking, bound to yield it obedience. ”

“ 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. ”

“ But, good or bad, as laws in this country are merely the expression of the people’s will, they should be respected as long as they remain laws. For law is just as necessary to the human race as is the air we breathe or the food we eat. ”

“ But the study and the profession of the Law, above all, is the nursery of a learned, firm and incorruptible judiciary; the boast of the modern Science and Art of Government, and incomparably the most valuable blessing enjoyed by free & civilized man. This Institution of our systems, it behooves a people to guard from every extraneous influence, and anxiously to preserve from the innovations or attacks of ignorant and designing demagogues. ”

“ For the concrete development of beautifully bewigged humanity, called a lawyer, I beg you to observe that I always express, and feel, extreme respect. But for Law itself, in the existent form of it, invented, as it appears to me, only for the torment and taxation of Humanity, I entertain none whatsoever. ”

“ It has served its purpose best if it has left the very distinct impression that the law is a vital, living, growing thing. True, its roots are in the dim past, but it lives, and moves, and has its being in the problems of today. ”

“ The nervous language of the Common Law, the impressive forms of our courts and the precision and substantial truth of the legal distinctions, are the contribution of all the sharp-sighted, strong-minded men who have lived in the countries where these laws govern. ”

“ In the formation of the law, regard should be often had to the convenience, to the faculties, to the interests, and to the habits of the citizens, sometimes even to their prejudices, but in the interpretation of it, nothing but justice should be regarded. ”

“ Ordinary law-givers offer us laws to regulate society--laws, subject to change like the minds of those who make them, and of the people who obey them: those talk only of general, immutable, and eternal laws, which, without exception, are obeyed with order, regularity, and absolute exactness in the immensity of space. ”

“ But law, strictly speaking, is simply the rule of action itself, as for instance, an Act of Parliament; but as in practice all such rules are enforced by a sanction of some kind, our conception of a law is also united with that of a lawgiver, who has both the right and the power to enforce it. ”

“ We can see the policeman on his beat, or the judge in court, or the members of the legislature—the men who, respectively, maintain, administer, and make the laws; and we can see the record of the laws in books. But the idea or principle of Law which has caused men to construct all this machinery for the making and enforcing of the laws, exists only in the mind. ”

“ A true law enjoins on all the citizens indifferently a number of acts similar in class or kind; and this is exactly the feature of a law which has most deeply impressed itself on the popular mind, causing the term "law" to be applied to mere uniformities, successions, and similitudes. ”

“ A theory which regards the law as the command of the state and nothing more, and which entirely ignores the aspect of law as a public declaration of the principles of justice, would lose all its plausibility, if expressed in a language in which the term for law signifies justice also. ”

“ What the difference may be, and what the consequences of such difference, between this lucrative function, and the true duty of Civil Law,—namely, to fulfil and continue in all the world the first mission of the mightiest Lawgiver, and declare that on such and such conditions, written in eternal letters by the finger of God, every man’s house, or piece of Holy land, is his own,—there does not, it appears, exist at present wit enough under all the weight of curled and powdered horsehair in England, either to reflect, or to define. ”

“ Law is stable; the societies we are speaking of are progressive. The greater or less happiness of a people depends on the degree of promptitude with which the gulf is narrowed.
A general proposition of some value may be with respect to the agencies by which Law is brought into harmony with society. These instrumentalities seem to me to be three in number, Legal Fictions, Equity, and Legislation. ”

“ To that legal or artificial person, once created, the common law of every State, of itself, annexes all those incidents and attributes which are represented as a prostration of the main pillars of their jurisprudence. ”

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

“ The answer to this question arises out of the above consideration of the means which law employs to obtain the fulfilment of obligations, combined with the view of law as relative to a moral end, i.e. the formation of a society of persons, acting from a certain disposition, from interest in the society as such. ”

“ The notion of law as we have it—of a rule imposed by human authority, capable of being altered by that authority, when it likes, and in fact, so altered habitually—could not be conveyed to early nations, who regarded law half as an invincible prescription, and half as a Divine revelation. ”

“ It is in such ways and under such conditions that constitutions and great principles of jurisprudence are written; the letter and spirit are ever on the side of liberty; and highly organized minds, governed by principle, invariably give true interpretations; while others, whose law is expediency, coarse and material in all their conceptions, will interpret law, Bible, constitution, everything, in harmony with the public sentiment of their class and condition. And here is the reason why men differ in their interpretations of law. ”

“ Making or finding law, call it which you will, presupposes a mental picture of what one is doing and of why he is doing it. Hence the nature of law has been the chief battleground of jurisprudence since the Greek philosophers began to argue as to the basis of the law's authority. But the end of law has been debated more in politics than in jurisprudence. In the stage of equity and natural law the prevailing theory of the nature of law seemed to answer the question as to its end. ”

“ May people honestly and amicably differ about the interpretation of the constitution or of a law, in a particular case? If important interests are dependent on the interpretation, how can the true one be found out? ”

“ We may resort to the common law to aid us in interpreting such instruments, and their powers; for that law is the common rule, by which all our legislation is interpreted. It is known, and acted upon, and revered by the people. ”

“ 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." ”

“ I wish, if I can, to lay down some first principles for the study of this body of dogma or systematized prediction which we call the law, for men who want to use it as the instrument of their business to enable them to prophesy in their turn, and, as bearing upon the study, I wish to point out an ideal which as yet our law has not attained. ”

“ That the law may be a rule of action, it is necessary that it be known; it is necessary that it be permanent and stable. The law is the measure of civil right; but, if the measure be changeable, the extent of the thing measured never can be settled. ”

“ I shall prove incidentally that agency in its narrower sense presents only a special application of the law of master and servant, and that the peculiar doctrines of both are traceable to a common source. Finally I shall give my reasons for thinking that the whole outline of the law is the resultant of a conflict at every point between logic and good sense—the one striving to work fiction out to consistent results, the other restraining and at last overcoming that effort when the results become too manifestly unjust. ”

“ For the convenience of analysis, we may treat the obligations correlative to rights, obligations which it is the proper office of law to enforce, apart from moral duties and from the virtues which are tendencies to fulfil those duties. ”

“ 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. ”

“ The only other walk of active life which was open to him was the practice of the law. Through that lay the approach to wealth, to fame, to office, to the council-chamber of the monarch—it may be to the very throne itself. ”

“ A law, if I understand the term, is an act of the whole State, operating upon the whole State, either by command or prohibition: It is thus distinguished from a resolve which more properly respects an individual or a part of the State. [32] The object of a law is to prevent positiv evil or produce positiv good to the whole State; not merely to a particular part. The principle therefore on which all laws should be founded, is, a regard to the greatest good which can be produced to the greatest number of individuals in the State. ”

“ The subject of the civil law, the ego, the object of the civil law, the objective or natural world, the relation between the two, or property—such is, in a word, the method; the equality of all men before the law is its principle; the respect for property and the directness of litigation are its aims. ”

“ Again, tenth, men have thought of law as a [Pg 66] system of principles, discovered philosophically and developed in detail by juristic writing and judicial decision, whereby the external life of man is measured by reason, or in another phase, whereby the will of the individual in action is harmonized with those of his fellow men. ”

“ All law is directed to conditions of things manifest to the senses. And whether it brings those conditions to pass immediately by the use of force, as when it protects a house from a mob by soldiers, or appropriates private property to public use, or hangs a man in pursuance of a judicial sentence, or whether it brings them about mediately through men's fears, its object is equally an external result. ”

“ The terms law and justice are familiar associates. Courts of law are also courts of 52justice, and the administration of justice is also the enforcement of law. Right, wrong, and duty are leading terms of law, as well as of morals. If we turn from our own to foreign languages, we find that law and right are usually called by the very same name. Jus, droit, recht, diritto, have all a double meaning; they are all ethical, as well as juridical; they all include the rules of justice, as well as those of law. Are these facts, then, of no significance? ”

“ Have you not observed, that there is a lower kind of discretion and regularity, which seldom fails of raising men to the highest stations, in the court, the church, and the law? ”

“ If we turn to the ideas which have obtained in conscious thinking about the end of law, we may recognize three which have held the ground successively in legal history and a fourth which is beginning to assert itself. ”

“ But the judgment of what is reasonable, and of what is to be abolished, belongeth to him that maketh the law, which is the sovereign assembly, or monarch.
The law of nature, and the civil law contain each other. 4. The law of nature, and the civil law, contain each other, and are of equal extent. For the laws of nature, which consist in equity, justice, gratitude, and other moral virtues on these depending, in the condition of mere nature, as I have said before in the end of the fifteenth chapter, are not properly laws, but qualities that dispose men to peace and obedience. ”

“ That seems to us to be the common sense of the matter; and common sense often makes good law. ”

“ Any rule, not existing in the nature of things, or that is not permanent, universal and inflexible in its application, is no law, according to any correct definition of the term law. ”

“ In the maturity of law the law was thought of as something self-sufficient, to be judged by an ideal form of itself, and as something which could not be made, or, if it could be made, was to be made sparingly. ”

“ The very idea of law originates in men's natural rights. There is no other standard, than natural rights, by which civil law can be measured. Law has always been the name of that rule or principle of justice, which protects those rights. Thus we speak of natural law. ”

“ I rather think, Thousandacres, you overlook the objects of the law, in its naked regulations. Law is to enforce the right, and were it to follow naked rules, without regard to principles, it might become the instrument of effecting the very mischiefs it is designed to counteract. ”