“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
Category: Politics & Law
“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)
“The white South said that it knew ‘niggers,’ and I was what the white South called a ‘nigger.’ Well, the white South had never known me—never known what I thought, what I felt. The white South said that I had a ‘place’ in life. Well. I had never felt any ‘place’; or, rather, my deepest instincts had always made me reject the ‘place’ to which the white South had assigned me. It had never occurred to me that I was in any way an inferior being. And no word that I had ever heard fall from the lips of southern white men had ever made me really doubt the worth of my own humanity.” – Richard Wright, Black Boy
“If I were a member of the class that rules, I would post men in all the neighborhoods of the nation, not to spy upon or club rebellious workers, not to break strikes or disrupt unions; but to ferret out those who no longer respond to the system in which they live. I would make it known that the real danger does not stem from those who seek to grab their share of wealth through force, or from those who try to defend their property through violence, for both of those groups, by their affirmative acts, support the values of the system in which they live. The millions that I would fear are those who do not dream of the prizes that the nation holds forth, for it is in them, though they may not know it, that a revolution has taken place and is biding its time to translate itself into a new and strange way of life.” – Richard Wright, Black Boy
“Our too-young and too-new America, lusty because it is lonely, aggressive because it is afraid, insists upon seeing the world in terms of good and bad, the holy and the evil, the high and the low, the white and the black; our America is frightened of fact, of history, of processes, of necessity. It hugs the easy way of damning those whom it cannot understand, of excluding those who look different, and it salves its conscience with a self-draped cloak of righteousness.” – Richard Wright, Black Boy
“Among the topics that southern white men did not like to discuss with Negroes were the following: American white women; the Ku Klux Klan; France, and how Negro soldiers fared while there; Frenchwomen; Jack Johnson; the entire northern part of the United States; the Civil War; Abraham Lincoln; U. S. Grant; General Sherman; Catholics; the Pope; Jews; the Republican party; slavery; social equality; Communism; Socialism; the 13th, 14th, and 15th Amendments to the Constitution; or any topic calling for positive knowledge or manly self-assertion on the part of the Negro.” – Richard Wright, Black Boy
“As long as there’s suffering, you can only be so happy. How can a person be happy if he has misfortune? Does money make a person happy? Some wealthy billionaire who can buy 30 cars and maybe buy a sports team, is that guy happy? What then would make him happier? Does it make him happy giving his money away to foreign countries? Is there more contentment in that than giving it here to the inner cities and creating jobs? Nowhere does it say that one of the government’s responsibilities is to create jobs. That is a false premise. But if you like lies, go ahead and believe it. The government’s not going to create jobs. It doesn’t have to. People have to create jobs, and these big billionaires are the ones who can do it. We don’t see that happening. We see crime and inner cities exploding, with people who have nothing to do but meander around, turning to drink and drugs, into killers and jailbirds. They could all have work created for them by all these hotshot billionaires. For sure, that would create a lot of happiness. Now, I’m not saying they have to — I’m not talking about communism — but what do they do with their money? Do they use it in virtuous ways? If you have no idea what virtue is all about, look it up in a Greek dictionary. There’s nothing namby-pamby about it.” – Bob Dylan (interviewed by Robert Love in AARP The Magazine)
“In nations where the dogma of popular sovereignty reigns, each individual constitutes an equal share of the sovereign and participates equally in the government of the state. Thus each individual is supposed to be as enlightened, as virtuous, and as strong as every other individual. Why, then does the individual obey society, and what are the natural limits of his obedience? He obeys society, not because he is inferior to those who rule it, or less capable of governing himself than anyone else, but because union with his fellow men seems useful to him, and because he knows that such union cannot exist without a regulatory power. In everything to do with the duties of citizens to one another, he has therefore become subject. In everything that regards himself alone, he remains master. He is free and owes an account of his actions only to God. Whence this maxim: the individual is the best as well as the only judge of his own interest, and society has the right to direct his actions only when it feels injured by his activities or when it requires his cooperation.” – Alexis de Tocqueville, Democracy in America (trans. Arthur Goldhammer)
“In New England provision was made from the first for the care of the poor. Strenuous efforts were made to maintain the roads, and officials were appointed to monitor their condition. Town governments kept open records of deliberations at public meetings as well as of deaths, marriages, and births of their citizens. Clerks were designated to maintain these records. Officials were assigned to administer intestate property, others to establish the boundaries of inherited land, and still others whose principal function was to preserve the public tranquility. Legislation concerned itself with a thousand details in order to anticipate and satisfy a host of social needs.” – Alexis de Tocqueville, Democracy in America (trans. Arthur Goldhammer)
“It is often difficult, in examining New England’s earliest historical and legislative records, to perceive the bond between the immigrants and the land of their ancestors. We find them regularly exercising sovereign powers: they appoint magistrates, make peace and war, establish rules of order, and adopt laws as if answerable to God alone. Nothing is more curious and at the same time more instructive than the legislation of this period. Here above all lies the key to the great social enigma with which the United States confronts the world today. As a characteristic example of that legislation, we may choose the code of laws adopted in 1650 by the small state of Connecticut. Connecticut’s lawmakers first took up the question of penal laws. In drafting those laws, they on the strange idea of drawing upon sacred texts: ‘Whosoever shall worship any deity other than the Lord God,’ they began, ‘shall be put to death.’ This was followed by ten or twelve similar provisions taken literally from Deuteronomy, Exodus, and Leviticus. Blasphemy, witchcraft, adultery, and rape were punishable by death. A son who failed to honor his father and mother was subject to the same penalty.” – Alexis de Tocqueville, Democracy in America (trans. Arthur Goldhammer)
“People do not obey, unless rulers know how to command; obedience is a lesson taught by commanders. A true leader himself creates the obedience of his own followers; as it is the last attainment in the art of riding to make a horse gentle and tractable, so is it of the science of government, to inspire men with a willingness to obey.” – “Lycurgus,” Plutarch’s Lives (trans. A. H. Clough)
“A ruler’s first end is to maintain his office, which is done no less by avoiding what is unfit than by observing what is suitable. Whoever is either too remiss or too strict is no more a king or a governor, but either a demagogue or a despot, and so becomes either odious or contemptible to his subjects.” – “Comparison of Romulus with Theseus,” Plutarch’s Lives (trans. A. H. Clough)
“This letter will, to you, be as one from the dead. The writer will be in the grave before you can weigh its counsels. Your affectionate and excellent father has requested that I would address to you something which might possibly have a favorable influence on the course of life you have to run, and I too, as a namesake, feel an interest in that course. Few words will be necessary, with good disposition on your part. Adore God. Reverence and cherish your parents. Love your neighbor as yourself, and your country more than yourself. Be just. Be true. Murmur not at the ways of Providence. So shall the life into which you have entered, be the portal to one of eternal and ineffable bliss. And if to the dead it is permitted to care for the things of this world, every action of your life will be under my regard. Farewell.” – Thomas Jefferson, “Letter to Thomas Jefferson Smith,” February 21, 1825
“Can one generation bind another, and all others, in succession forever? I think not. The Creator has made the earth for the living, not the dead. Rights and powers can only belong to persons, not to things, not to mere matter, unendowed with will. The dead are not even things. The particles of matter which composed their bodies, make part now of the bodies of other animals, vegetables, or minerals, of a thousand forms. To what then are attached the rights and powers they held while in the form of men? A generation may bind itself as long as its majority continues in life; when that has disappeared, another majority is in place, holds all the rights and powers their predecessors once held, and may change their laws and institutions to suit themselves. Nothing then is unchangeable but the inherent and unalienable rights of man.” Thomas Jefferson, “Letter to Major John Cartwright,” June 5, 1824