“A tax is not an assessment of benefits. It is a means of distributing the burden of the cost of government. The only benefit to which the taxpayer is constitutionally entitled is that derived from his enjoyment of the privileges of living in an organized society, established and safeguarded by the devotion of taxes to public purposes. Any other view would preclude the levying of taxes except as they are used to compensate for the burden on those who pay them, and would involve the abandonment of the most fundamental principle of government—that it exists primarily to provide for the common good.” – Justice Garman, Arangold Corp. v. Zehnder, 204 Ill. 2d 142 (Ill. 2003) (internal cites and quotations omitted).
Category: Politics & Law
“Psychologists have attempted to understand how and why individuals and groups who
usually act humanely can sometimes act otherwise in certain circumstances. A number of
psychological concepts explain why abusive behavior occurs. These concepts include:
Deindividuation. Deindividuation is a process whereby the anonymity, suggestibility, and contagion provided in a crowd allows individuals to participate in behavior marked by the temporary suspension of customary rules and inhibitions. Individuals within a group may experience reduced self-awareness which can also result in disinhibited behavior.
Groupthink. Individuals often make very uncharacteristic decisions when part of a group. Symptoms of groupthink include: (1) Illusion of invulnerability-group members believe the group is special and morally superior; therefore its decisions are sound; (2) Illusion of unanimity in which members assume all are in concurrence, and (3) Pressure is brought to bear on those who might dissent.
Dehumanization. Dehumanization is the process whereby individuals or groups are viewed as somehow less than fully human. Existing cultural and moral standards are often not applied to those who have been dehumanized.
Enemy Image. Enemy image describes the phenomenon wherein both sides participating in a conflict tend to view themselves as good and peace-loving peoples, while the enemy is seen as evil and aggressive.
Moral Exclusion. Moral exclusion is a process whereby one group views another as fundamentally different, and therefore prevailing moral rules and practices apply to one group but not the other.”
– James R. Schlesinger, et al., Final Report of the Independent Panel to Review DoD Detention Operations
“It is not the role of a federal court to provide comfort to litigants. Federal courts resolve concrete disputes between real adversaries.” – Judge Easterbrook, State Farm Life Ins. Co. v. Troy Jonas
“A dominion whose well-being depends on any man’s good faith, and whose affairs cannot be properly administered, unless those who are engaged in them will act honestly, will be very unstable. On the contrary, to insure its permanence, its public affairs should be so ordered, that those who administer them, whether guided by reason or by passion, cannot be led to act treacherously or basely. Nor does it matter for the security of a dominion, in what spirit men are led to rightly administer its affairs. For liberality of spirit, or courage, is a private virtue; but the virtue of a state is its security.” – Benedict de Spinoza, A Theological-Political Treatise and A Political Treatise (trans. R.H.M. Elwes)
“The traditional philosophic treatment of politics has been based on an unreal conception of human psychology. As philosophical ethics are grounded not in reality but in the dreams of authors, the resultant politics are equally utopian and useless as guides for the practical challenges of policy making.” – Menachem Lorberbaum, “Spinoza’s Theological-Political Problem”
“The object of government is not to change men from rational beings into beasts or puppets, but to enable them to develop their minds and bodies in security, and to employ their reason unshackled; neither showing hatred, anger, or deceit, nor watched with the eyes of jealousy and injustice. In fact, the true aim of government is liberty.” – Benedict de Spinoza, A Theological-Political Treatise and A Political Treatise (trans. R.H.M. Elwes)
“Murders committed in the morning seldom involve alcohol or drugs.” – Brian Innes, Profile of a Criminal Mind
“Perhaps the most striking fact about the organized religious life of the colonials in the eighteenth century is the large number of people who were left out of it. Whether they had lost their faith before migrating or had been torn loose from church life in the business of moving, or whether they resented the authority of the dutiful ministers or the loose ways of the less dutiful, or were lost through the inability of the churches to establish viable church-community life in the open spaces and diffused settlements of America, surprisingly large numbers in the English continental colonies enjoyed little or none of the amenities and comforts of a religious community, and many seemed not to be trying very hard to get them. America has always liked to dwell upon those who came to win religious liberty or to realize some other religious ideal. But the extraordinary number who were content to live either without organized religion or with only a weak or a token relation to it suggests the majority of white colonials may have come for very mundane reasons—not to reach the glories of the other world but to relieve the hardships of this.” – Richard Hofstadter, America at 1750: A Social Portrait
“The ideal of the simple yeoman living close to nature, applying himself with loving care to the soil, and supplying virtually all his modest needs with his own labor and that of his family was an ideal first of the educated elite who read pastoral poetry and later of agrarian ideologues and politicians who wanted to claim a moral superiority for the farmer. It was never an ideal of the yeoman farmers themselves. They might pride themselves on being able to meet the demands of self-sufficiency, but they were in haste to get out of their original lean-tos and log cabins into comfortable frame houses which they might hope to furnish with a respectable share of the world’s comforts.” – Richard Hofstadter, America at 1750: A Social Portrait
“The English colonies of the North American mainland, the rude provinces that would in time form the nucleus of the United States, were the elements of the first post-feudal nation, the first nation in the world to be formed and to grow from its earliest days under the influence of Protestantism, nationalism, and modern capitalist enterprise. This was the transcendentally important reality about this new country.” – Richard Hofstadter, America at 1750: A Social Portrait
“Sumer, its rise and fall, provides the historian with the most ancient example of the poignant irony inherent in man’s fate. As the Sumerian literary documents make amply manifest, it was the competitive drive for superiority and preeminence, for victory, prestige, and glory, that provided the psychological motivation sparking the material and cultural advances for which the Sumerians are justifiably noted: large-scale irrigation, technological invention, monumental architecture, writing, education, and literature. Sad to say, this very passion for competition and success carried within it the seed of destruction and decay. In the course of the centuries, Sumer became a ‘sick society’ with deplorable failings and distressing shortcomings: it yearned for peace and was constantly at war; it professed such ideals as justice, equity, and compassion, but abounded in injustice, inequality, and oppression; materialistic and short-sighted, it unbalanced the ecology essential to its economy; it was afflicted by a generation gap between parents and children, and between teachers and students. And so Sumer came to a cruel, tragic end, as one melancholy Sumerian bard bitterly laments: Law and order ceased to exist; cities, houses, stalls, and sheepfolds were destroyed; rivers and canals flowed with bitter waters; fields and steppes grew nothing but weeds and ‘wailing plants.’ The mother cared not for her children, nor the father for his spouse, and nursemaids chanted no lullabies at the crib. No one trod the highways and the roads; the cities were ravaged and their people were killed by the mace or died of famine. Finally, over the land fell a calamity ‘undescribable and unknown to man.’ – Samuel Noah Kramer, “Sumerian History, Culture, and Literature”
“Slavery was a recognized institution of Sumerian society. The temples, palaces, and rich estates owned slaves and exploited them for their own benefit. Many slaves were prisoners of war; these were not necessarily foreigners, but could be Sumerians, from a defeated neighboring city. Slaves were also recruited in other ways: freemen might be reduced to slavery as punishment for certain offenses; parents could sell their children as slaves in time of need; or a man might turn over his entire family to creditors in payment of a debt, but for no longer than three years. The slave was the property of his master. He could be branded and flogged, and was severely punished if he attempted to escape. He did have certain legal rights, however: he could engage in business, borrow money, and buy his freedom. If a slave, male or female, married a free person, the children were free. The sale price of slaves varied with the market and the quality of the individual for sale. The average price for a grown man was ten shekels, which at times was less than the price of an ass.” – Samuel Noah Kramer, “Sumerian History, Culture, and Literature”
“The economic and social life of Sumer was characterized by the all-pervading concepts of law and justice. Significant economic and legal reforms were introduced as early as the twenty-fourth century B.C. by the Lagash ruler Urukagina. Law codes were promulgated as early as the twenty-first century, and one of these, the Ur-Nammu law code, has been recovered in part. Sumerian legal documents have been excavated in large numbers: contracts, deeds, wills, promissory notes, receipts, and actual court decisions that became legal precedents. In theory, it was the king who was responsible for the administration of law and justice; in practice, the city governor or his representative, the mashkim, attended to the administrative and legal details. Court cases were usually heard by tribunals of three or four judges. Suits could be brought either by private parties or by the government. Evidence was taken in the form of statements from witnesses and experts, or was obtained from written documents. Oath-taking played a considerable role in court procedure.” – Samuel Noah Kramer, “Sumerian History, Culture, and Literature”
“Contrary to the State’s argument that it has discretion to charge whatever and whomever it desires, the separation of powers doctrine does not justify depriving a person of his or her constitutional rights.” – Judge J. Bustamante, State of New Mexico v. Mark Rendleman, et al.
“WANTED POSTER – Jesse Woodson James: five feet eleven inches tall, brown hair, regulation killer-blue eyes. In photographs appears to be considering shooting the photographer. Does not test out well. Approaches casual strangers in an intimate way and interferes massively in their private lives. Is trapped in the dead hole and neither moves nor changes. Steals horses. Inhabits a discolored landscape through which only one, treacherous path is known to pass. Has the appearance of many ballistics with a flat trajectory. This man is occupied by an army of scars, tip of middle finger left hand missing, and one large scar on chest which oft has spoken with bloody lips. Is always breaking out afresh. Cultivates a desperado aura and can most often be seen in the penny dreadfuls, spotted regularly in novels, poems, ballads, and folktales. Men claiming to be James can be differentiated from him in that they pose willingly in front of cameras, they make political speeches. These people are not the genuine article and are confused. Jess James was never confused about anything in his life, which will last exactly thirty-seven years, five months, three days, fourteen hours, and ten minutes.” – Paulette Jiles, “The James Poems”
“When you get elected President I think the first thing they do is take you in a room and say you know you’re not gonna do shit. Your hands are tied and Congress have the whole thing locked down and we all get screwed.” – Willie Nelson (interviewed by Martin Chilton in Telegraph Music, 2012)
“Alcibiades. He was the Golden Boy of 4th century Athenian culture. Pericles was his guardian, Plato his teacher. A fine athlete, a brilliant general, handsome, marvelously intelligent, popular, everything. A summation of the Golden Age. And what happened? He went bad. He was vain, treacherous, selfish, sacrilegious, debauched, dishonest, and a traitor twice over. His aid to the enemy during the Syracuse campaign destroyed Athens. Just about the finest product of the most notable civilization man has accomplished, and it turned out like that. This haunts me.” – Jack Gilbert (interviewed by Gordon Lish in Genesis West, Issue #1, 1962)
“We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all regardless of station, race, or creed.
Among these are:
• The right to a useful and remunerative job in the industries or shops or farms or mines of the Nation;
• The right to earn enough to provide adequate food and clothing and recreation;
• The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;
• The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;
• The right of every family to a decent home;
• The right to adequate medical care and the opportunity to achieve and enjoy good health;
• The right to adequate protection from the economic fears of old age, sickness, accident, and
unemployment;
• The right to a good education.”
— Franklin D. Roosevelt, “Second Bill of Rights,” January 11, 1944
“Judges must keep in mind that poverty is not a crime; it is a condition, and every day presents a struggle for the poor to survive, to cope, to get by until tomorrow. When one is poor, drifting into petty crime can become an option, despite its undeniable risks.” – Justice Michael B. Hyman, The People of the State of Illinois v. Harley Busse (Illinois Appellate Court, First District, December 17, 2016)
“If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict.” – Oliver Wendell Holmes, “The Path of the Law”
“What makes robbers bold but too much lenity?” – William Shakespeare, King Henry VI. Third Part
“In a war undertaken for any object, even if that object be the possession of a particular territory or position, an attack directly upon the place coveted may not be, from the military point of view, the best means of obtaining it. The end upon which the military operations are directed may therefore be other than the object which the belligerent government wishes to obtain, and it has received a name of its own, — the objective. In the critical consideration of any war it is necessary, first, to put clearly before the student’s eye the objects desired by each belligerent; then, to consider whether the objective chosen is the most likely, in case of success, to compass those objects ; and finally, to study the merits or faults of the various movements by which the objective is approached. The minuteness with which such an examination is conducted will depend upon the extent of the work which the inquirer proposes to himself; but it will generally conduce to clearness if an outline, giving only the main features unencumbered by detail, should precede a more exhaustive discussion. When such principal lines are thoroughly grasped, details are easily referred to them, and fall into place.” – Captain A. T. Mahan, The Influence of Sea Power Upon History 1660-1783
“Good troops have often made amends for bad generalship; but in the end the better leader will prevail.” – Captain A. T. Mahan, The Influence of Sea Power Upon History 1660-1783
“Seaports should defend themselves; the sphere of the fleet is on the open sea, its object offence rather than defence, its objective the enemy’s shipping wherever it can be found.” – Captain A. T. Mahan, The Influence of Sea Power Upon History 1660-1783
“No well ordered society can leave to the individuals an absolute right to make final decisions, unassailable by the State, as to everything they will or will not do.” – Justice Hugo Lafayette Black and Justice William Orville Douglas, West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943)
“Free public education, if faithful to the ideal of secular instruction and political neutrality, will not be partisan or enemy of any class, creed, party, or faction.” – Chief Justice Robert Houghwout Jackson, West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943)
“Judgment is to be made of actions according to the times in which they were performed. The conduct of a wise politician is ever suited to the present posture of affairs; often by foregoing a part he saves the whole, and by yielding in a small matter secures a greater.” – “Comparison of Poplicola with Solon,” Plutarch’s Lives (trans. A. H. Clough)
“The remission of debts was peculiar to Solon; it was his great means for confirming the citizens’ liberty; for a mere law to give all men equal rights is but useless, if the poor must sacrifice those rights to their debts, and, in the very seats and sanctuaries of equality, the courts of justice, the offices of state, and the public discussions, be more than anywhere at the beck and bidding of the rich. A yet more extraordinary success was, that, although usually civil violence is caused by any remission of debts, upon this one occasion this dangerous but powerful remedy actually put an end to civil violence already existing,” – “Comparison of Poplicola with Solon,” Plutarch’s Lives (trans. A. H. Clough)
“A people always minds its rulers best
When it is neither humored nor oppressed.”
– “Comparison of Poplicola with Solon,” Plutarch’s Lives (trans. A. H. Clough)
“The trading temper, independent and insubordinate, is absolutely opposed to the military spirit.” – Admiral comte Pierre André de Suffren de Saint Tropez, bailli de Suffren, Letter to Charles Eugène Gabriel de La Croix de Castries, marquis de Castries, baron des États de Languedoc, comte de Charlus, baron de Castelnau et de Montjouvent, seigneur de Puylaurens et de Lézignan, Autumn 1782