“That Law, therefore, is highly beneficial to the Community where it is established, which ordains that every Man shall be judged by his Peers and Equals. For when the Fate of a Citizen is in Question, all Prejudices arising from the Difference of Rank or Fortune should be stifled; because they ought to have no Influence between the Judges and the Parties accused.”

— Catherine the Great

Item 180
Proposals for a New Law Code (1768)

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Catherine the Great 29

Empress of Russia 1729–1796

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“The political Liberty of a Citizen is the Peace of Mind arising from the Consciousness, that every Individual enjoys his peculiar Safety; and in order that the People might attain this Liberty, the Laws ought to be so framed, that no one Citizen should stand in Fear of another; but that all of them should stand in Fear of the same Laws….”

Catherine the Great (1729–1796) Empress of Russia

Proposals for a New Law Code (1768)

“Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They’re preeminent, but they’re not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster. There’s a fateful difference between activist judges who concoct rights and active judges who dutifully protect the rights our Framers actually enshrined.”

Don Willett (1966) American judge

Online and on the Bench, the ‘Tweeter Laureate of Texas’ Is All About Judicial Engagement (September 17, 2015)

“There is not in this country one rule by which the rich are governed, and another for the poor. No man has justice meted out to him by a different measure on account of his rank or fortune, from what would be done if he were destitute of both. Every invasion of property is judged of by the same rule; every injury is compensated in the same way; and every crime is restrained by the same punishment, be the condition of the offender what it may. It is in this alone that true equality can exist in society.”

Sir Francis Buller, 1st Baronet (1746–1800) British judge

Trial of O'Coigly and others (1798), 26 How. St. Tr. 1193.

“No man is allowed to be a judge in his own cause; because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time.”

James Madison (1751–1836) 4th president of the United States (1809 to 1817)

Federalist No. 10
1780s, Federalist Papers (1787–1788)

“It has long been a fashion amongst you, which you have had the complaisance to adopt at the instigation of a corrupt press, to call every friend of reform, every friend of freedom, a Jacobin, and to accuse him of French principles. ... What are these principles?—That governments were made for the people, and not the people for governments.—That sovereigns reign legally only by virtue of the people's choice.—That birth without merit ought not to command merit without birth.--That all men ought to be equal in the eye of the law.—That no man ought to be taxed or punished by any law to which he has not given his assent by himself or by his representative.—That taxation and representation ought to go hand in hand.—That every man ought to be judged by his peers, or equals.—That the press ought to be free. ... Ten thousand times as much has been written on the subject in England as in all the rest of the world put together. Our books are full of these principles. ... There is not a single political principle which you denominate French, which has not been sanctioned by the struggles of ten generations of Englishmen, the names of many of whom you repeat with veneration, because, apparently, you forget the grounds of their fame. To Tooke, Burdett, Cartwright, and a whole host of patriots of England, Scotland and Ireland, imprisoned or banished, during the administration of Pitt, you can give the name of Jacobins, and accuse them of French principles. Yet, not one principle have they ever attempted to maintain that Hampden and Sydney did not seal with their blood.”

William Cobbett (1763–1835) English pamphleteer, farmer and journalist

‘To the Merchants of England’, Political Register (29 April 1815), pp. 518–19
1810s

“We think in America that it is necessary to introduce the people into every department of government as far as they are capable of exercising it; and that this is the only way to ensure a long-continued and honest administration of it's powers. 1. They are not qualified to exercise themselves the EXECUTIVE department: but they are qualified to name the person who shall exercise it. With us therefore they chuse this officer every 4. years. 2. They are not qualified to LEGISLATE. With us therefore they only chuse the legislators. 3. They are not qualified to JUDGE questions of law; but they are very capable of judging questions of fact. In the form of JURIES therefore they determine all matters of fact, leaving to the permanent judges to decide the law resulting from those facts. Butwe all know that permanent judges acquire an esprit de corps; that, being known, they are liable to be tempted by bribery; that they are misled by favor, by relationship, by a spirit of party, by a devotion to the executive or legislative; that it is better to leave a cause to the decision of cross and pile than to that of a judge biased to one side; and that the opinion of twelve honest jurymen gives still a better hope of right than cross and pile does. It is left therefore, to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English liberty.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter to the Abbé Arnoux (19 July 1787) https://founders.archives.gov/documents/Jefferson/01-15-02-0275
1780s

“I do not believe it is the function of the judiciary to step in and change the law because the times have changed. I do well understand the difference between legislating and judging. As a judge, it is not my function to develop public policy.”

Sandra Day O'Connor (1930) Former Associate Justice of the Supreme Court of the United States

Washington Post (September 10, 1981).

“The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.”

Alan Paton book Cry, the Beloved Country

Source: Cry, the Beloved Country

“The principle of utility judges any action to be right by the tendency it appears to have to augment or diminish the happiness of the party whose interests are in question… if that party be the community the happiness of the community, if a particular individual, the happiness of that individual.”

Jeremy Bentham book An Introduction to the Principles of Morals and Legislation

Introduction (1789 edition)
An Introduction to the Principles of Morals and Legislation (1789; 1823)

“Because these two judges showed to their generation of justices, and the generation after that, as to how to approach cases that came before the highest court. It is because judges with a political or social agenda are so few in number that they are long remembered. I have always considered it significant and beneficial for the development of the law in India that judges-without-an-agenda have been the more numerous.”

Fali Sam Nariman (1929) Indian politician

On the role of judges
Fali Sam Nariman: An Interview

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Catherine the Great 29

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