“Again, it is a new doctrine of constitutional law that one indicted for disobedience to an unconstitutional statute may not defend on the ground of the invalidity of the statute, but must obey it though he knows it is no law, and, after he has suffered the disgrace of conviction and lost his liberty by sentence, then, and not before, seek, from within prison walls, to test the validity of the law.”

— Hugo Black

Writing for the court, Korematsu v. United States, 33 U.S. 124 (1944).

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Hugo Black 26

U.S. Supreme Court justice 1886–1971

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“Positivism, with its principle that ‘a law is a law’, has in fact rendered the German legal profession defenceless against statutes that are arbitrary and criminal. Positivism is, moreover, in and of itself wholly incapable of establishing the validity of statutes. It claims to have proved the validity of a statute simply by showing that the statute had sufficient power behind it to prevail. But while power may indeed serve as a basis for the ‘must’ of compulsion, it never serves as a basis for the ‘ought’ of obligation or for legal validity. Obligation and legal validity must be based, rather, on a value inherent in the statute.”

Gustav Radbruch (1878–1949) German politician

"Statutory Lawlessness and Supra-Statutory Law" (1946)

“For a judge to be worthy of such trust, he or she must be faithful to the Constitution and to the statutes passed by the Congress. He or she must put aside his personal views or preferences, and follow the law -- not make it.”

Merrick Garland (1952) American judge

[Remarks by the President Announcing Judge Merrick Garland as his Nominee to the Supreme Court, Merrick, Garland, w:Merrick Garland, The White House, March 16, 2016, https://en.wikisource.org/wiki/Remarks_by_the_President_Announcing_Judge_Merrick_Garland_as_his_Nominee_to_the_Supreme_Court#Remarks_by_Judge_Garland]; quote then excerpted in:
USA Today, March 18, 2016, March 17, 2016, Obama: Merrick Garland qualified to serve on Supreme Court immediately, Gregory Korte http://www.usatoday.com/story/news/politics/2016/03/16/obama-supreme-court-nomination/81824982/,; and quote also excerpted in source:
CNN, March 16, 2016, March 18, 2016, Who is Merrick Garland?, Ariane De Vogue and Tami Luhby http://edition.cnn.com/2016/03/16/politics/who-is-merrick-garland/index.html?eref=rss_politics,
Remarks by Judge Garland upon nomination to Supreme Court of the United States (2016)

“There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience”

Robert G. Ingersoll (1833–1899) Union United States Army officer

The trial of Charles B. Reynolds for blasphemy (1887)
Context: There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience, and no man who is a man will defile and pollute his conscience at the bidding of any legislature. Above all things, one should maintain his self-respect, and there is but one way to do that, and that is to live in accordance with your highest ideal.

“It was when he saw the great walls looming above him that he began to run.
He ran as though to obey an order. And this was so, though he knew nothing of it. He ran in the acknowledgement of a law as old as the laws of his home, the law of flesh and blood. The law of longing. The law of change. The law of youth. The law that separates the generations, that draws the child from his mother, the boy from his father, the youth from both.
And it was the law of quest. The law that few obey for lack of valour. The craving of the young for the unknown and all that lies beyond the tenuous skyline.”

Mervyn Peake (1911–1968) English writer, artist, poet and illustrator

Source: Gormenghast (1950), Chapter 80 (p. 805)

“The statute law is the will of the legislature in writing; the common law is nothing else but statutes worn out by time; all our law began by consent of the legislature, and whether it is now law by usage or writing, it is the same thing.”

John Eardley Wilmot (1709–1792) English judge

2 Wils. 341.
Collins v. Blantern (1767)

“One half of the people of this Nation today are utterly powerless to blot from the statute books an unjust law, or to write a new and just one.”

Susan B. Anthony (1820–1906) American women's rights activist

Address given in towns of Ontario county, prior to her trial, quoted in "An account of the proceedings on the trial of Susan B. Anthony, on the charge of illegal voting, at the presidential election in Nov. 1872, and on the trial of Beverly W. Jones, Edwin T. Marsh and William B. Hall, the inspectors of election by whom her vote was received." (1873) http://memory.loc.gov/cgi-bin/query/r?ammem/naw:@field(DOCID+@lit(rbnawsan2152div13)); also quoted in Great American Trials: 201 Compelling Courtroom Dramas (1994) by Edward W. Knappman, p. 167
Context: We no longer petition legislature or Congress to give of the right to vote, but appeal to women everywhere to exercise their too long neglected "citizen's right" … We assert the province of government to be to secure the people in the enjoyment of their unalienable rights. We throw to the winds the old dogma that governments can give rights. The Declaration of Independence, the United States Constitution the constitutions of the several states … propose to protect the people in the exercise of their God-given rights. Not one of them pretends to bestow rights. … One half of the people of this Nation today are utterly powerless to blot from the statute books an unjust law, or to write a new and just one. The women, dissatisfied as they are with this form of government, that enforces taxation without representation — that compels them to obey laws to which they have never given their consent — that imprisons and hangs them without a trial by a jury of their peers — that robs them, in marriage of the custody of their own persons, wages, and children—are this half of the people left wholly at the mercy of the other half.

“Destruction, violence, ravages, murder, are perpetrated by statute law.”

Elbert Hubbard (1856–1915) American writer, publisher, artist, and philosopher fue el escritor del jarron azul

The Better Part (1901)
Context: I AM an Anarchist.
All good men are Anarchists.
All cultured, kindly men; all gentlemen; all just men are Anarchists.
Jesus was an Anarchist.
A Monarchist is one who believes a monarch should govern. A Plutocrat believes in the rule of the rich. A Democrat holds that the majority should dictate. An Aristocrat thinks only the wise should decide; while an Anarchist does not believe in government at all. Richard Croker is a Monarchist; Mark Hanna a Plutocrat; Cleveland a Democrat; Cabot Lodge an Aristocrat; William Penn, Henry D. Thoreau, Bronson Alcott and Walt Whitman were Anarchists. An Anarchist is one who minds his own business. An Anarchist does not believe in sending warships across wide oceans to kill brown men, and lay waste rice fields, and burn the homes of people who are fighting for liberty. An Anarchist does not drive women with babes at their breasts and other women with babes unborn, children and old men into the jungle to be devoured by beasts or fever or fear, or die of hunger, homeless, unhouseled and undone.
Destruction, violence, ravages, murder, are perpetrated by statute law..

“To be sure, one value comes with every positive-law statute without reference to its content: Any statute is always better than no statute at all, since it at least creates legal certainty. But legal certainty is not the only value that law must effectuate, nor is it the decisive value. Alongside legal certainty, there are two other values: purposiveness and justice. In ranking these values, we assign to last place the purposiveness of the law in serving the public benefit.”

Gustav Radbruch (1878–1949) German politician

"Statutory Lawlessness and Supra-Statutory Law" (1946)

“Bind not the new statutes so to the common law, that their words increased for the King's advantage, should be deprived of their force.”

Sir Henry Hobart, 1st Baronet (1554–1625) English politician

Lord Hobart's Rep. 341.
Sheffield v. Ratcliffe (1615)

“But hereof be assured, that all is not lawful nor just that is statute by civil laws; neither yet is everything sin before God, which ungodly persons allege to be treason.”

John Knox (1514–1572) Scottish clergyman, writer and historian

John Knox pastoral, as quoted in The Breakers of the Yoke: Sketches and Studies of the Men ... by J. S. MacIntosh, p. 303

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