“We must never lose sight of the fact that the law has a moral foundation, and we must never fail to ask ourselves not only what the law is, but what the law should be.”

Quoted in [Richard C. Reuben, Man in the Middle, California Lawyer, October 1992, 35]

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "We must never lose sight of the fact that the law has a moral foundation, and we must never fail to ask ourselves not o…" by Anthony Kennedy?
Anthony Kennedy photo
Anthony Kennedy 28
Associate Justice of the Supreme Court of the United States 1936

Related quotes

Eduard Bernstein photo

“We may think as we like theoretically, about man’s freedom of action, we must practically start from it as the foundation of the moral law, for only under this condition is social morality possible.”

Eduard Bernstein (1850–1932) German politician

Source: "Evolutionary Socialism" (1899) https://www.marxists.org/reference/archive/bernstein/works/1899/evsoc/index.htm, Chapter III, The Tasks and Possibilities of Social Democracy

Zisi photo

“What is God-given is what we call human nature. To fulfil the law of our human nature is what we call the moral law. The cultivation of the moral law is what we call culture.”

Zisi (-481–-402 BC) Chinese philosopher

Opening lines, p. 104
Variant translations:
What is God-given is called nature; to follow nature is called Tao (the Way); to cultivate the Way is called culture.
As translated by Lin Yutang in The Importance of Living (1937), p. 143
What is God-given is called human nature.
To fulfill that nature is called the moral law (Tao).
The cultivation of the moral law is called culture.
As translated by Lin Yutang in From Pagan to Christian (1959), p. 85
The Doctrine of the Mean

John Herschel photo

“We must never forget that it is principles, not phenomena, — laws not insulated independent facts, — which are the objects of inquiry to the natural philosopher.”

John Herschel (1792–1871) English mathematician, astronomer, chemist and photographer

A Preliminary Discourse on the Study of Natural Philosophy (1831)
Context: We must never forget that it is principles, not phenomena, — laws not insulated independent facts, — which are the objects of inquiry to the natural philosopher. As truth is single, and consistent with itself, a principle may be as completely and as plainly elucidated by the most familiar and simple fact, as by the most imposing and uncommon phenomenon. The colours which glitter on a soapbubble are the immediate consequence of a principle the most important, from the variety of phenomena it explains, and the most beautiful, from its simplicity and compendious neatness, in the whole science of optics. If the nature of periodical colours can be made intelligible by the contemplation of such a trivial object, from that moment it becomes a noble instrument in the eye of correct judgment; and to blow a large, regular, and durable soap-bubble may become the serious and praise-worthy endeavour of a sage, while children stand round and scoff, or children of a larger growth hold up their hands in astonishment at such waste of time and trouble. To the natural philosopher there is no natural object unimportant or trifling. From the least of nature's works he may learn the greatest lessons. The fall of an apple to the ground may raise his thoughts to the laws which govern the revolutions of the planets in their orbits; or the situation of a pebble may afford him evidence of the state of the globe he inhabits, myriads of ages ago, before his species became its denizens.
And this, is, in fact, one of the great sources of delight which the study of natural science imparts to its votaries. A mind which has once imbibed a taste for scientific inquiry, and has learnt the habit of applying its principles readily to the cases which occur, has within itself an inexhaustible source of pure and exciting contemplations. One would think that Shakspeare had such a mind in view when he describes a contemplative man as finding

Mahatma Gandhi photo

“I have never advocated "passive" anything. We must never submit to unjust laws. Never. And our resistance must be active and provocative.”

Mahatma Gandhi (1869–1948) pre-eminent leader of Indian nationalism during British-ruled India

This may be derived from lines in the movie Gandhi (1982); such statements have not been located among published sources.
Disputed

Lyndon B. Johnson photo

“The law cannot save those who deny it but neither can the law serve any who do not use it. The history of injustice and inequality is a history of disuse of the law. Law has not failed — and is not failing. We as a nation have failed ourselves by not trusting the law and by not using the law to gain sooner the ends of justice which law alone serves.”

Lyndon B. Johnson (1908–1973) American politician, 36th president of the United States (in office from 1963 to 1969)

1960s, Memorial Day speech (1963)
Context: The law cannot save those who deny it but neither can the law serve any who do not use it. The history of injustice and inequality is a history of disuse of the law. Law has not failed — and is not failing. We as a nation have failed ourselves by not trusting the law and by not using the law to gain sooner the ends of justice which law alone serves. If the white over-estimates what he has done for the Negro without the law, the Negro may under-estimate what he is doing and can do for himself with the law.

Ralph Waldo Emerson photo
Chief Joseph photo
John Holt (Lord Chief Justice) photo

“We cannot make a law, we must go according to the law. That must be our rule and direction.”

John Holt (Lord Chief Justice) (1642–1710) English lawyer and Lord Chief Justice of England

Parkyns' Case (1696), 13 How. St. Tr. 72. Compare: "We cannot make laws". Reg. v. Nash (1703), 2 Raym. 990; Powell, J., Queen v. Read (1706), Fortesc. 99.

Jalal Talabani photo

“Some Shi'ites are asking that Islam be the only source of laws, which means turning Iraq into an Islamic regime, and that is unacceptable. We accept that the religion of Iraq is Islam, and we must respect Islam and the Islamic identity of Iraqi people. But we think Islam should only be one source of the Iraqi laws.”

Jalal Talabani (1933–2017) Iraqi politician

Jim Muir (February 10, 2005) "Shia demands 'risk turning Iraq into an Islamic regime' into Islamic regime constitution will be fierce, says Talabani", The Daily Telegraph.

Georg Wilhelm Friedrich Hegel photo

Related topics