“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)
Category: Politics & Law
“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
“The middle of a great and unsuccessful war is no time to begin preparations. ‘Better late than never’ is not so safe a proverb as ‘In time of peace prepare for war.’ “ – Captain A. T. Mahan, The Influence of Sea Power Upon History 1660-1783
“I do not think that it is right for a man to appeal to the jury or to get himself acquitted by doing so; he ought to inform them of the facts and convince them by argument. The jury does not sit to dispense justice as a favor, but to decide where justice lies, and the oath which they have sworn is not to show favor at their own discretion, but to return a just and lawful verdict.” – Plato, Socrates’ Defense (Apology) (trans. Hugh Tredennick)
“The true champion of justice, if he intends to survive even for a short time, must necessarily confine himself to private life and leave politics alone.” – Plato, Socrates’ Defense (Apology) (trans. Hugh Tredennick)
“War, with its many acknowledged sufferings, is above all harmful when it cuts a nation off from others and throws it back upon itself. There may indeed be periods when such rude shocks have a bracing effect, but they are exceptional, and of short duration, and they do not invalidate the general statement.” – Captain A. T. Mahan, The Influence of Sea Power Upon History 1660-1783
“Men may be discontented at the lack of political privilege; they will be yet more uneasy if they come to lack bread.” – Captain A. T. Mahan, The Influence of Sea Power Upon History 1660-1783
“In these three things—production, with the necessity of exchanging products, shipping, whereby the exchange is carried on, and colonies, which facilitate and enlarge the operations of shipping and tend to protect it by multiplying points of safety—is to be found the key to much of the history, as well as of the policy, of nations bordering upon the sea.” – Captain A. T. Mahan, The Influence of Sea Power Upon History 1660-1783
“It is the policy of the circuit to avoid issuing unnecessary opinions.” — Circuit Rule 32.1(a), Circuit Rules of the United States Court of Appeals for the Seventh Circuit
“The President is an elected king, but the fact that he is elected has proved to be of far less significance in the course of political evolution than the fact that he is pragmatically a king.” – Randolph Bourne, “The State”
“The modern State begins when a prince secures almost undisputed sway over fairly homogeneous territory and people and strives to fortify his power and maintain the order that will conduce to the safety and influence of his heirs. The State in its inception is pure and undiluted monarchy; it is armed power, culminating in a single head, bent on one primary object, the reducing to subjection, to unconditional and unqualified loyalty of all the people of a certain territory. This is the primary striving of the State, and it is a striving that the State never loses, through all its myriad transformations. When the subjugation was once acquired, the modern State had begun. In the King, the subjects found their protection and their sense of unity. From his side, he was a redoubtable, ambitious, and stiff-necked warrior, getting the supreme mastery which he craved. But from theirs, he was a symbol of the herd, the visible emblem of that security which they needed and for which they drew gregariously together. Serfs and villains, whose safety under their petty lords had been rudely shattered in the constant conflicts for supremacy, now drew a new breath under the supremacy that wiped out this local anarchy. King and people agreed in the thirst for order, and order became the first healing function of the State. But in the maintenance of order, the King needed officers of justice; the old crude group-rules for dispensing justice had to be codified, a system of formal law worked out. The King needed ministers, who would carry out his will, extensions of his own power, as a machine extends the power of a man’s hand. So the State grew as a gradual differentiation of the King’s absolute power, founded on the devotion of his subjects and his control of a military band, swift and sure to smite. Gratitude for protection and fear of the strong arm sufficed to produce the loyalty of the country to the State.” – Randolph Bourne, “The State”
“The normal relation of States is war. Diplomacy is a disguised war, in which States seek to gain by barter and intrigue, by the cleverness of wits, the objectives which they would have to gain more clumsily by means of war. Diplomacy is used while the States are recuperating from conflicts in which they have exhausted themselves. It is the wheedling and the bargaining of the worn-out bullies as they rise from the ground and slowly restore their strength to begin fighting again. If diplomacy had been a moral equivalent for war, a higher stage in human progress, an inestimable means of making words prevail instead of blows, militarism would have broken down and given place to it. But since it is a mere temporary substitute, a mere appearance of war’s energy under another form, a surrogate effect is almost exactly proportioned to the armed force behind it. When it fails, the recourse is immediate to the military technique whose thinly veiled arm it has been. A diplomacy that was the agency of popular democratic forces in their non-State manifestations would be no diplomacy at all.” – Randolph Bourne, “The State”
“A people at war have become in the most literal sense obedient, respectful, trustful children again, full of that naive faith in the all-wisdom and all-power of the adult who takes care of them, imposes his mild but necessary rule upon them and in whom they lose their responsibility and anxieties. In this recrudescence of the child, there is great comfort, and a certain influx of power. On most people the strain of being an independent adult weighs heavily, and upon none more than those members of the significant classes who have bequeathed to them or have assumed the responsibilities of governing. The State provides the convenientest of symbols under which those classes can retain all the actual pragmatic satisfaction of governing, but can rid themselves of the psychic burden of adulthood. They continue to direct industry and government and all the institutions of society pretty much as before, but in their own conscious eyes and in the eyes of the general public, they are turned from their selfish and predatory ways, and have become loyal servants of society, or something greater than they—the State.” – Randolph Bourne, “The State”
“Even one war in space will create a battlefield that will last forever, encasing the entire planet in a shell of whizzing debris that will thereafter make space near the earth highly hazardous for peaceful as well as military purposes. With enough orbiting debris, pieces will begin to hit other pieces, whose fragments will in turn hit more pieces, setting off a chain reaction of destruction that will leave a lethal halo around the Earth.” – Joel R. Primack and Nancy Ellen Abrams, “Star Wars Forever?—A Cosmic Perspective”
“Laws must look to possibilities, if the maker designs to punish few in order to their amendment, and not many to no purpose.” – “Solon,” Plutarch’s Lives (trans. A. H. Clough)
“You are a light. You are the light. Never let anyone—any person or any force—dampen, dim or diminish your light. Study the path of others to make your way easier and more abundant. Lean toward the whispers of your own heart, discover the universal truth, and follow its dictates. Release the need to hate, to harbor division, and the enticement of revenge. Release all bitterness. Hold only love, only peace in your heart, knowing that the battle of good to overcome evil is already won. Choose confrontation wisely, but when it is your time don’t be afraid to stand up, speak up, and speak out against injustice. And if you follow your truth down the road to peace and the affirmation of love, if you shine like a beacon for all to see, then the poetry of all the great dreamers and philosophers is yours to manifest in a nation, a world community, and a Beloved Community that is finally at peace with itself.” – John Lewis, Across That Bridge: A Vision for Change and the Future of America
“She had never had to deal with a policeman in her life, and it had never entered her mind to feel menaced by one. Policemen were neither friends nor enemies; they were part of the landscape, present for the purpose of upholding law and order; and if a policeman—for she had never thought of them as being very bright—seemed to forget his place, it was easy enough to make him remember it. Easy enough if one’s own place was more secure than his, and if one represented, or could bring to bear, a power greater than his own. For all policemen were bright enough to know who they were working for, and they were not working, anywhere in the world, for the powerless.” – James Baldwin, Another Country
“It is futile to fight with the state. If it wants to put you in prison, you may be sure that it will put you there.” – Andrey Konstantinov, “In the Law and Outside the Law. From His Cell in Manhattan, Ivankov Continues To Direct His Empire”
“The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knighterrant, roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to the primordial necessity of order in the social life. Wide enough in all conscience is the field of discretion that remains.” – Justice Benjamin N. Cardozo, The Nature of the Judicial Process
“The common law is but the accumulated expressions of the various judicial tribunals in their efforts to ascertain what is right and just between individuals in respect to private disputes. The common law, however, is not static. By its nature, it adapts to changing circumstances. The common law is affected by the felt necessities of the time, the prevalent moral and political theories, and intuitions of public policy, and it embodies the story of a nation’s development through many centuries. It is generally agreed that two of the most significant features of the common law are: (1) its capacity for growth and (2) its capacity to reflect the public policy of a given era. The common law does not consist of definite rules which are absolute, fixed, and immutable like the statute law, but it is a flexible body of principles which are designed to meet, and are susceptible of adaption to, among other things, new institutions, public policies, conditions, usages and practices, and changes in mores, trade, commerce, inventions, and increasing knowledge, as the progress of society may require. So, changing conditions may give rise to new rights under the law. The common law is always a work in progress and typically develops incrementally, i.e., gradually evolving as individual disputes are decided and existing common-law rules are considered and sometimes adapted to current needs in light of changing times and circumstances.” – Chief Justice Robert P. Young, Jr., Michigan Supreme Court, Price v. High Pointe Oil Co., 2013 (edited for clarity; internal cites and quotes omitted)