“What is law? Is it what is on the books, or what is actually enacted and obeyed in a society? Or is law what must be enacted and obeyed, whether or not it is on the books, if things are to go right?”
Source: The Reader
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Bernhard Schlink 17
German writer 1944Related quotes

Statement to the Associated Chambers of Commerce (March 1891)
1890s
Preface (20 May 1926), p. vii.
Present Status of the Philosophy of Law and of Rights (1926)
Context: For those who have only to obey, law is what the sovereign commands. For the sovereign, in the throes of deciding what he ought to command, this view of law is singularly empty of light and leading. In the dispersed sovereignty of modern states, and especially in times of rapid social change, law must look to the future as well as to history and precedent, and to what is possible and right as well as to what is actual.

Rex v. Inhabitants of Burton-Bradstock (1765), Burrow (Settlement Cases), 536.

1960s, What Has Happened to America? (1967)

Address to the AFL Convention in New York City, transcribed in the New York Times, September 23, 1952. In context, Stevenson was saying that the Republicans were humorless, in contrast to his own sense of humor. This quote resembles the unsourced and confusing version, "I refuse to personally criticize President Eisenhower, I will not submit to the Republican concept of gravity."

1840s, Essays: Second Series (1844), Politics
Source: 1980s-1990s, Sensemaking in Organizations, 1995, p. 133-134, as cited in: Magala (1997, p. 321)