Jurisprudence Quotes

The first requirement of a sound body of law is, that it should correspond with the actual feelings and demands of the community, whether right or wrong.

Oliver Wendell Holmes Jr.

Start with the observation that American law is not designed to catch and punish every instance of illegal conduct. Nothing short of a totalitarian state could do that. It is designed to prosecute persons when there is a reasonable basis for believing they have committed a crime, and then to convict them when there is no reasonable doubt that they are guilty.

Our Supreme Court is not a court of law. It is a court of conjecture and political fad.

Their quarry had been cornered in his defenses and their bloodlust was such that they were likely to pay top Julep to watch him escape, so that he might be brutalized and killed before their very eyes, as this was much more gratifying to them than simply watching justice be enacted. They, too, understood that societal constructs for justice were moderate gratification, at best, as they were empty and subject to contradictions and compromises steeped in moral relativism and an unconditional dependence upon overblown semantics that made the law a mockery of itself. As for the ideologies that these hollow systems of jurisprudence sought to define and uphold: these could easily be subjugated through a meticulous analysis of the trivial components of one statute or another. The rule of law had failed them. What the people wanted, in its stead, was rather simple: moral absolutes. Good versus evil. And evil was not to be simply prevailed over. Evil was to be dominated and effectively eliminated, because as long as it was able to while away the time somewhere—in some sweaty prison cell, far away, staring out the barred window with a wry smile, as it plotted its next offensive on the Common Good, a sense of wholeness could not be achieved.

Oftentimes have I heard you speak of one who commits a wrong as though he were not one of you, but a stranger unto you and an intruder upon your world.But I say that even as the holy and the righteous cannot rise beyond the highest which is in each one of you,So the wicked and the weak cannot fall lower than the lowest which is in you also.And as a single leaf turns not yellow but with the silent knowledge of the whole tree,So the wrong-doer cannot do wrong without the hidden will of you all.Like a procession you walk together towards your god-self.You are the way and the wayfarers.And when one of you falls down he falls for those behind him, a caution against the stumbling stone.Ay, and he falls for those ahead of him, who though faster and surer of foot, yet removed not the stumbling stone.

Today, no less than five Supreme Court justices are on record, either through their opinions or speeches (or both), that they will consult foreign law and foreign-court rulings for guidance in certain circumstances. Of course, policymakers are free to consult whatever they want, but not justices. They're limited to the Constitution and the law.

The science, the art, the jurisprudence, the chief political and social theories, of the modern world have grown out of Greece and Rome—not by favour of, but in the teeth of, the fundamental teachings of early Christianity, to which science, art, and any serious occupation with the things of this world were alike despicable.

Thomas Henry Huxley

The science, the art, the jurisprudence, the chief political and social theories, of the modern world have grown out of Greece and Rome—not by favour of, but in the teeth of, the fundamental teachings of early Christianity, to which science, art, and any serious occupation with the things of this world were alike despicable.

Thomas Henry Huxley