“Judges ought to remember, that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law.”

— Francis Bacon , book Essays

Of Judicature
Essays (1625)

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Francis Bacon 295

English philosopher, statesman, scientist, jurist, and auth… 1561–1626

Marjorie Cohn (1948) American law professor

This means that under international law, no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a “jus cogens” prohibition. The United States has always prohibited torture — in our Constitution, laws, executive orders, judicial decisions and treaties. When we ratify a treaty, it becomes part of US law under the Supremacy Clause of the Constitution. “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture,” the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the US ratified, states unequivocally. Torture is considered a grave breach of the Geneva Conventions, also ratified by the United States. Geneva classifies grave breaches as war crimes. The US War Crimes Act and 18 USC, sections 818 and 3231, punish torture, willfully causing great suffering or serious injury to body or health, and inhuman, humiliating or degrading treatment. And the Torture Statute criminalizes the commission, attempt, or conspiracy to commit torture outside the United States.

State-Sanctioned Torture in the Age of Trump https://truthout.org/articles/state-sanctioned-torture-in-the-age-of-trump/, by Marjorie Cohn, Truthout (23 January 2017)

“There is consensus among States, judges of international tribunals and professors of international law that self-determination is not only a principle but also a right that has achieved the status of jus cogens.”

Alfred de Zayas (1947) American United Nations official

Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx.
2015, Report submitted to the UN General Assembly

“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

“It is the principle of the common law, that an officer ought not to take money for doing his duty.”

John Eardley Wilmot (1709–1792) English judge

Stotesbury v. Smith (1759), 2 Burr. Part IV. 928.

“In causes of life and death, judges ought (as far as the law permitteth) in justice to remember mercy; and to cast a severe eye upon the example, but a merciful eye upon the person.”

Francis Bacon (1561–1626) English philosopher, statesman, scientist, jurist, and author

The Essays Or Counsels, Civil And Moral, Of Francis Ld. Verulam Viscount St. Albans (1625), Of Judicature

“It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.”

Edmund Burke (1729–1797) Anglo-Irish statesman

Preface to Brissot's Address (1794)
1790s

“It has been sometimes said, communis error facit jus; but I say communis opinio is evidence of what the law is; not where it is an opinion merely floating and theoretical floating in the minds of persons but where it has been made the ground-work and substratum of practice.”

Edward Law, 1st Baron Ellenborough (1750–1818) Lord Chief Justice of England

Isherwood v. Oldknow (1815), 3M. &S. (K. B. Rep.) 396, 397.

“It is the office of Judges to advance laws made for religion, according to their end, though the words be short and imperfect.”

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

Colt v. Glover (1614), Lord Hobart's Rep. 157.

“The proper role of the judiciary is one of interpreting and applying the law, not making it.”

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

Testimony at her confirmation hearing, reported in the New York Times (February 23, 1984).

“That which is not just, is not Law; and that which is not Law, ought not to be obeyed.”

Algernon Sidney (1623–1683) British politician and political theorist

Ch. 3, Sect. 11 http://www.constitution.org/as/dcg_311.htm
Discourses Concerning Government (1689)

“Judges ought to remember, that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law.”

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Francis Bacon 295

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