
Full Court Reference in Memory of The Late Justice M. Hidayatullah
Pt. III, Ch. 19 : The Right to Ignore the State, § 1 http://oll.libertyfund.org/titles/273#lf0331_label_200
Social Statics (1851)
Context: As a corollary to the proposition that all institutions must be subordinated to the law of equal freedom, we cannot choose but admit the right of the citizen to adopt a condition of voluntary outlawry. If every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man, then he is free to drop connection with the state — to relinquish its protection, and to refuse paying towards its support. It is self-evident that in so behaving he in no way trenches upon the liberty of others; for his position is a passive one; and whilst passive he cannot become an aggressor. It is equally selfevident that he cannot be compelled to continue one of a political corporation, without a breach of the moral law, seeing that citizenship involves payment of taxes; and the taking away of a man’s property against his will, is an infringement of his rights. Government being simply an agent employed in common by a number of individuals to secure to them certain advantages, the very nature of the connection implies that it is for each to say whether he will employ such an agent or not. If any one of them determines to ignore this mutual-safety confederation, nothing can be said except that he loses all claim to its good offices, and exposes himself to the danger of maltreatment — a thing he is quite at liberty to do if he likes. He cannot be coerced into political combination without a breach of the law of equal freedom; he can withdraw from it without committing any such breach; and he has therefore a right so to withdraw.
Full Court Reference in Memory of The Late Justice M. Hidayatullah
Page 238.
The Revolution Will Be Digitised: Dispatches From the Information War, 1st Edition
Denning judged in the Court of Appeal at the time, and held that Sikhs were not a racial or ethnic group. His ruling was overturned in the House of Lords, notably by Ian Fraser, Baron Fraser of Tullybelton, who outlined seven points by which ethno-religious groups were to be defined.
Judgments
Introduction.
An American Bible (1912)
Context: Elbert Hubbard sees, too, that just so long as there is one woman who is denied any right that man claims for himself, there is no free man; that no man can be a superior, true American so long as one woman is denied her birthright of life, liberty and happiness.
He knows that freedom to think and act, without withholding that right from any other, evolves humanity — Therefore he gives his best energy to inspiring men and women to think and to act, each for himself. He pleads for the rights of children, for so-called criminals, for the insane, the weak, and all those who having failed to be a friend to themselves, need friendship most. The Golden Rule is his rule of life.
His work is to emancipate American men and women from being slaves to useless customs, outgrown mental habits, outgrown religion, outgrown laws, outgrown superstitions. He would make each human being rely upon himself for health, wealth and happiness.
Miranda v. Arizona, 384 U. S. 436, 478-79 (1965)
Context: To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
Pt. III, Ch. 19 : The Right to Ignore the State, § 1 http://oll.libertyfund.org/titles/273#lf0331_label_200
Social Statics (1851)
Context: As a corollary to the proposition that all institutions must be subordinated to the law of equal freedom, we cannot choose but admit the right of the citizen to adopt a condition of voluntary outlawry. If every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man, then he is free to drop connection with the state — to relinquish its protection, and to refuse paying towards its support. It is self-evident that in so behaving he in no way trenches upon the liberty of others; for his position is a passive one; and whilst passive he cannot become an aggressor. It is equally selfevident that he cannot be compelled to continue one of a political corporation, without a breach of the moral law, seeing that citizenship involves payment of taxes; and the taking away of a man’s property against his will, is an infringement of his rights. Government being simply an agent employed in common by a number of individuals to secure to them certain advantages, the very nature of the connection implies that it is for each to say whether he will employ such an agent or not. If any one of them determines to ignore this mutual-safety confederation, nothing can be said except that he loses all claim to its good offices, and exposes himself to the danger of maltreatment — a thing he is quite at liberty to do if he likes. He cannot be coerced into political combination without a breach of the law of equal freedom; he can withdraw from it without committing any such breach; and he has therefore a right so to withdraw.
Source: Quotes from secondary sources, Dictionary of Burning Words of Brilliant Writers, 1895, P. 230.
Speech before Congress (3 December 1860).
Context: The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject.
The question fairly stated is, Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution.
Diary of an Unknown (1988), On Invisibility
Context: Man seeks to escape himself in myth, and does so by any means at his disposal... unnable to withdraw into himself, he disguises himself. Lies and inaccuracy give him a few moments of comfort, the trifling feeling of escape experienced at a masked ball. He distances himself from that which he feels and sees. He invents. He transfigures. He mythifies. He creates. He fancies himself an artist. He imitates, in his small way, the painters he claims are mad.