“The guillotine takes life almost without touching the body, just as prison deprives of liberty or a fine reduces wealth. It is intended to apply the law not so to a real body capable of feeling pain as to a juridical subject, the possessor, among other rights, of the right to exist it had to have the abstraction of the law itself.”

— Michel Foucault, book Discipline and Punish

Source: Discipline and Punish (1977), pp. 13, Chapter One The Body of the Condemned

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Michel Foucault128

French philosopher 1926–1984

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“Rights are, then, the fruits of the law, and of the law alone. There are no rights without law—no rights contrary to the law—no rights anterior to the law. Before the existence of laws there may be reasons for wishing that there were laws—and doubtless such reasons cannot be wanting, and those of the strongest kind;—but a reason for wishing that we possessed a right, does not constitute a right. To confound the existence of a reason for wishing that we possessed a right, with the existence of the right itself, is to confound the existence of a want with the means of relieving it. It is the same as if one should say, everybody is subject to hunger, therefore everybody has something to eat.”

Jeremy Bentham (1748–1832) British philosopher, jurist, and social reformer

Pannomial Fragments (c. 1831), quoted in The Works of Jeremy Bentham, Vol. III (1838), p. 221

“Government creates the market and law. Law is not the negation of liberty; it is its fulfillment. Right law is not a restriction on people’s liberty; it makes their freedom possible. Right law is liberty; liberty is right law.”

Alan O. Ebenstein (1959) American political scientist, educator and author

Hayek's Journey: The Mind of Friedrich Hayek (2003)

“In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading.”

Nelson Mandela (1918–2013) President of South Africa, anti-apartheid activist

1960s, First court statement (1962)
Context: In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolized by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

“The concept of property itself had come up out of the common law and carried with it the idea of a natural, or common-law rights of liberty to acquire, use and dispose of physical things.”

John R. Commons (1862–1945) United States institutional economist and labor historian

Source: Legal foundations of capitalism. 1924, p. 32

“The real "haves" are they who can acquire freedom, self-confidence, and even riches without depriving others of them. They acquire all of these by developing and applying their potentialities. On the other hand, the real "have nots" are they who cannot have aught except by depriving others of it. They can feel free only by diminishing the freedom of others, self-confident by spreading fear and dependence among others, and rich by making others poor.”

Eric Hoffer (1898–1983) American philosopher

Section 115
The Passionate State Of Mind, and Other Aphorisms (1955)

“Because our flesh is nothing but what, feeling itself, suffering itself, sustaining itself and bearing itself and so enjoying from itself according to always reborning impressions, is able, for this reason, to feel the body which is exterior to it, to touch it as well as being touched by it. What the exterior body, the lifeless body of the material universe, is by principle incapable.”

Michel Henry (1922–2002) French writer

Michel Henry, Incarnation. Une philosophie de la chair, éd. du Seuil, 2000, p. 8
Books on Religion and Christianity, Incarnation: A philosophy of Flesh (2000)
Original: (fr) Car notre chair n'est rien d'autre que cela qui, s'éprouvant, se souffrant, se subissant et se supportant soi-même et ainsi jouissant de soi selon des impressions toujours renaissantes, se trouve, pour cette raison, susceptible de sentir le corps qui lui est extérieur, de le toucher aussi bien que d'être touché par lui. Cela donc dont le corps extérieur, le corps inerte de l'univers matériel, est par principe incapable.

“Hayek’s essential political philosophy was that liberty is the supremacy of law. To some, this may appear a paradoxical conception of liberty, for liberty is too often considered to be the absence of law. This, however, was the exact opposite of Hayek’s view. He thought that liberty is not possible without law. Right law is liberty.”

Alan O. Ebenstein (1959) American political scientist, educator and author

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“A utopia of judicial reticence: take away life, but prevent the patient from feeling it; deprive the prisoner of all rights, but do not inflict pain; impose penalties free of all pain. Recourse to psycho-pharmacology and to various physiological ‘disconnectors’, even if it is temporary, is a logical consequence of this ‘non-corporal’ penalty.”

Michel Foucault book Discipline and Punish

Source: Discipline and Punish (1977), Chapter One, The Spectacle of the Scaffold

“The right to enjoy liberty is inalienable. To invade it is to usurp the prerogative of Jehovah. Every man has a right to his own body—to the products of his own labor—to the protection of law—and to the common advantages of society. It is piracy to buy or steal a native African, and subject him to servitude. Surely, the sin is as great to enslave an American as an African.”

William Lloyd Garrison (1805–1879) American journalist

“Declaration of Sentiments of the American Anti-Slavery Convention,” speech in Philadelphia, (Dec. 6 1833) http://utc.iath.virginia.edu/abolitn/abeswlgct.html

“Without the right to life, how would an individual’s rights become vested? How could any other rights be realized if one’s very life could be taken away by another who is exercising their right to liberty or pursuit of happiness? Jefferson articulated a prioritized set of rights; first the right to life, then the right to liberty, then the pursuit of happiness. Each right was carefully prioritized in sequential order because the right to life trumps all other rights. No one can take a human life in exercising their liberties and no one can take a life or take away the liberty of another in their pursuit of happiness. If the right to life can be taken by another, then no right of anyone is protected.”

Steve King (1949) US Representative for Iowa

Rep. Steve King: Protecting the Unborn Reaffirms Jefferson’s Truths http://www.breitbart.com/big-government/2017/11/01/exclusive-rep-steve-king-protecting-the-unborn-reaffirms-jeffersons-truths/ (November 1, 2017)

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Michel Foucault128

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