On the government's proposed Reconciliation and Unity Commission, 24 July, 2005
Journal of Discourses, 3:247 (March 16, 1856)
1850s
United States v. Di Re (1947).
Judicial opinions
Quoted from Fox News interview (8 February 2017} in Ted Cruz: ‘The Democrats are the party of the Ku Klux Klan’ https://www.washingtonpost.com/news/the-fix/wp/2017/02/08/ted-cruz-the-democrats-are-the-party-of-the-ku-klux-klan/?utm_term=.1afc8c04a4ec
2010s
Non-Fiction, English Literature: A Survey for Students (1958, revised 1974)
Source: The Self Awakened: Pragmatism Unbound (2007), p. 157-8.
1896
September
The Degraded Status of Woman in the Bible
Free Thought Magazine
Chicago
14
542
http://books.google.com/books?id=TfOfAAAAMAAJ&pg=PA542&dq=%22for+fifty+years+the+women%22
“The Third Law of Consulting: Never forget they're paying you by the hour, not by the solution.”
Citation in: Lowell Jay Arthur (1992) Rapid evolutionary development: requirements, prototyping & software creation. p. 9
The secrets of consulting, 1985
De concordantia catholica (The Catholic Concordance) (1434)
Source: The Case of Mr. Richard Arkwright and Co., 1781, p. 24
Source: A History of Mathematics (1893), p. 180; also cited in Moritz, Memorabilia Mathematica; Or, The Philomath's Quotation-book (1914) pp. 156-157. https://books.google.com/books?id=G0wtAAAAYAAJ&pg=PA156
Source: The Subtle Art of Not Giving a F*ck (2016), Chapter 6, “You’re Wrong About Everything (But So Am I)” (p. 136)
“…a bride who is bullied by her mother-in-law will herself become a bad mother-in-law.”
about Ralph Kronig's criticism on Samuel Goudsmit's proposal of a self-rotating electron, inflicting the same reaction to Goudsmit as Kronig had been incurred from Wolfgang Pauli [Tomonaga, Sin-Itiro, translated by Takeshi Oka, The Story of Spin, University of Chicago Press, 1997, 0-226-80794-0, 217]
The Council of Europe member states have an obligation to protect LGBTI people http://www.coe.int/en/web/portal/-/the-council-of-europe-member-states-have-an-obligation-to-protect-lgbti-people, DC069(2017), Strasbourg, May 17, 2017.
"The Departments of Mathematics, and their Mutual Relations," Journal of Speculative Philosophy, Vol. 5, p. 170. Reported in Moritz (1914)
Journals
"A Free Inquiry into the Vulgar Notion of Nature" Sect.2 ibid.
Provisional Constitution and Ordinances (1858), Speech to the Court (1859)
a comment on Facebook (June 2012) http://www.facebook.com/julia.galef/posts/10100387951009862
Young and others v. The King (1789), 3 T. R. 102.
"An Orison of Sonmi~451", p. 237
Cloud Atlas (2004)
Internet Encyclopedia of Philosophy
From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 15
Presidents of India, 1950-2003
Source: Words of a Sage : Selected thoughts of African Spir (1937), p. 51.
Speech proclaiming the termination of the state of Martial law, Heroes Hall, Malacañang (17 January 1981)
1965
Sri Isopanisad - Mantra Two
Books, Reflections on Sacred Teachings, Volume IV: Sri Isopanisad (Hari-Nama Press, )
Source: The lever of riches: Technological creativity and economic progress, 1992, p. 295; as cited by Pol, Eduardo, and Peter Carroll.
2000s, The Real Abraham Lincoln: A Debate (2002), The South was a Closed Society
“Every formula which expresses a law of nature is a hymn of praise to God.”
Maria Mitchell: Life, Letters and Journals http://www.gutenberg.org/cache/epub/10202/pg10202.html (1896).
Letter to The Los Angeles Times in response to the assassination of Martin Luther King, Jr.; April 8, 1968.
Other
2000s, The Central Idea (2006)
1960s
Source: 1967 Islamic Law and Constitution, Mawdudi's writings collected and translated into English by Khurshid Ahmad, p. 77; quoted in: Charles J. Adam, "Mawdudi and the Islamic State," in John L. Esposito, ed., Voices of Resurgent Islam, (New York: Oxford University Press, 1983) on page 125.
WHISTLEBLOWER TOUR! Daniel Ellsberg, Jesselyn Radack & Thomas Drake, April 8, 2014, found at 1:48:08 - 1:49:31 https://www.c-span.org/video/?318762-1/challenges-facing-whistleblowers,THE
Description of the temple built by Shantidas Jhaveri. Indian Records Series Indian Travels Of Thevenot And Careri https://archive.org/stream/in.ernet.dli.2015.210583/2015.210583.Indian-Records_djvu.txt Cited in Harsh Narain, The Ayodhya Temple Mosque Dispute: Focus on Muslim Sources, Appendix VI
Source: Law and Authority (1886), I
Context: Men who long for freedom begin the attempt to obtain it by entreating their masters to be kind enough to protect them by modifying the laws which these masters themselves have created!
But times and tempers are changed. Rebels are everywhere to be found who no longer wish to obey the law without knowing whence it comes, what are its uses, and whither arises the obligation to submit to it, and the reverence with which it is encompassed. The rebels of our day are criticizing the very foundations of society which have hitherto been held sacred, and first and foremost amongst them that fetish, law.
The critics analyze the sources of law, and find there either a god, product of the terrors of the savage, and stupid, paltry, and malicious as the priests who vouch for its supernatural origin, or else, bloodshed, conquest by fire and sword. They study the characteristics of law, and instead of perpetual growth corresponding to that of the human race, they find its distinctive trait to be immobility, a tendency to crystallize what should be modified and developed day by day.
Source: Jesus Before Christianity: The Gospel of Liberation (1976), p. 33.
Context: Miracles are very often thought of, both by those who believe in them and by those who do not, as events, or purported events, that contradict the laws of nature and that therefore cannot be explained by science or reason. But this is not at all what the Bible means by a miracle, as any Biblical scholar will tell you. “The laws of nature” is a modern scientific concept. The Bible knows nothing about nature, let alone the laws of nature.
They subsequently accepted these laws, as if You, the King of Kings, had spoken with them face to face, and believed they heard not those men, but rather You in them.
De Pace Fidei (The Peace of Faith) (1453)
“This law cannot be contradicted by any other law, and is not liable either to derogation or abrogation. Neither the senate nor the people can give us any dispensation for not obeying this universal law of justice. It needs no other expositor and interpreter than our own conscience.”
Est quidem vera lex recta ratio naturae congruens, diffusa in omnes, constans, sempiterna, quae vocet ad officium iubendo, vetando a fraude deterreat; quae tamen neque probos frustra iubet aut vetat nec improbos iubendo aut vetando movet. Huic legi nec obrogari fas est neque derogari ex hac aliquid licet neque tota abrogari potest, nec vero aut per senatum aut per populum solvi hac lege possumus, neque est quaerendus explanator aut interpres eius alius, nec erit alia lex Romae, alia Athenis, alia nunc, alia posthac, sed et omnes gentes et omni tempore una lex et sempiterna et immutabilis continebit, unusque erit communis quasi magister et imperator omnium deus, ille legis huius inventor, disceptator, lator; cui qui non parebit, ipse se fugiet ac naturam hominis aspernatus hoc ipso luet maximas poenas, etiamsi cetera supplicia, quae putantur, effugerit.
De Re Publica [Of The Republic], Book III Section 22; as translated by Francis Barham
Variant translations:
True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions. And it does not lay its commands or prohibitions upon good men in vain, though neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to attempt to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly considered punishment.
As translated by Clinton W. Keyes (1928)<!-- ; in De Re Publica, De Legibus (1943), p. 211 -->
Context: There is a true law, a right reason, conformable to nature, universal, unchangeable, eternal, whose commands urge us to duty, and whose prohibitions restrain us from evil. Whether it enjoins or forbids, the good respect its injunctions, and the wicked treat them with indifference. This law cannot be contradicted by any other law, and is not liable either to derogation or abrogation. Neither the senate nor the people can give us any dispensation for not obeying this universal law of justice. It needs no other expositor and interpreter than our own conscience. It is not one thing at Rome and another at Athens; one thing to–day and another to–morrow; but in all times and nations this universal law must for ever reign, eternal and imperishable. It is the sovereign master and emperor of all beings. God himself is its author,—its promulgator,—its enforcer. He who obeys it not, flies from himself, and does violence to the very nature of man. For his crime he must endure the severest penalties hereafter, even if he avoid the usual misfortunes of the present life.
1920s, Speech on the Anniversary of the Declaration of Independence (1926)
Context: Governments do not make ideals, but ideals make governments. This is both historically and logically true. Of course the government can help to sustain ideals and can create institutions through which they can be the better observed, but their source by their very nature is in the people. The people have to bear their own responsibilities. There is no method by which that burden can be shifted to the government. It is not the enactment, but the observance of laws, that creates the character of a nation.
“Every opinion tends to become a law.”
198 U.S. at 75.
1900s, Lochner v. New York, 198 U.S. 45 (1905)
1840s, Essays: First Series (1841), Compensation
Context: The league between virtue and nature engages all things to assume a hostile front to vice. The beautiful laws and substances of the world persecute and whip the traitor. He finds that things are arranged for truth and benefit, but there is no den in the wide world to hide a rogue. Commit a crime, and the earth is made of glass. Commit a crime, and it seems as if a coat of snow fell on the ground, such as reveals in the woods the track of every partridge and fox and squirrel and mole. You cannot recall the spoken word, you cannot wipe out the foot-track, you cannot draw up the ladder, so as to leave no inlet or clew. Some damning circumstance always transpires. The laws and substances of nature — water, snow, wind, gravitation — become penalties to the thief.
On the other hand, the law holds with equal sureness for all right action. Love, and you shall be loved. All love is mathematically just, as much as the two sides of an algebraic equation. The good man has absolute good, which like fire turns every thing to its own nature, so that you cannot do him any harm; but as the royal armies sent against Napoleon, when he approached, cast down their colors and from enemies became friends, so disasters of all kinds, as sickness, offence, poverty, prove benefactors:
Page 168.
"Anti-Copyright: Why Improvisation and Noise Run Against the Idea of Intellectual Property" (October 2008)
“Civilisation needs more than the law to hold it together.”
Source: The Power-House (1916), Ch. 3 "Tells of a Midsummer Night"
Context: Civilisation needs more than the law to hold it together. You see, all mankind are not equally willing to accept as divine justice what is called human law.
Letter published in The Liberator, when the 15th Amendment passed on March 30, 1870, as quoted in Station Master on the Underground Railroad : The Life and Letters of Thomas Garrett (2005) by James A. McGowan, p. 194
Context: I rejoice that I have lived to see this day, when the colored people of this favored land, by law, have equal privileges with the most favored. And I have faith to believe that ere long equal justice will be granted to the poor Indians and the Chinese.
Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88, 91; 118 N.E. 214 (N.Y. 1917)
Judicial opinions
Context: The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed. If that is so, there is a contract.
Letter to Lord Aberdeen (19 August, 1847).
Lord Mahon and Edward Cardwell (eds.), Memoirs by the Right Honourable Sir Robert Peel. Part II (London: John Murray, 1857), p. 322.
The Structure of the Universe: An Introduction to Cosmology (1949)
Context: The philosophical consequences of the General Theory of Relativity are perhaps more striking than the experimental tests. As Bishop Barnes has reminded us, "The astonishing thing about Einstein's equations is that they appear to have come out of nothing." We have assumed that the laws of nature must be capable of expression in a form which is invariant for all possible transformations of the space-time co-ordinates and also that the geometry of space-time is Riemannian. From this exiguous basis, formulae of gravitation more accurate than those of Newton have been derived. As Barnes points out...
Notes from Devotional Authors of the Middle Ages (1873-1874)
Context: These old Mystics whom we call superstitious were far before us in their ideas of God and of prayer (that is of our communion with God). "Prayer," says a mystic of the 16th century, "is to ask not what we wish of God, but what God wishes of us." "Master who hast made and formed the vessel of the body of Thy creature, and hast put within so great a treasure, the Soul, which bears the image of Thee": so begins a dying prayer of the 14th century. In it and in the other prayers of the Mystics there is scarcely a petition. There is never a word of the theory that God's dealings with us are to show His "power"; still less of the theory that "of His own good pleasure" He has " predestined" any souls to eternal damnation. There is little mention of heaven for self; of desire of happiness for self, none. It is singular how little mention there is either of "intercession " or of " Atonement by Another's merits." True it is that we can only create a heaven for ourselves and others "by the merits of Another," since it is only by working in accordance with God's Laws that we can do anything. But there is nothing at all in these prayers as if God's anger had to be bought off, as if He had to be bribed into giving us heaven by sufferings merely "to satisfy God's justice." In the dying prayers, there is nothing of the "egotism of death." It is the reformation of God's church—that is, God's children, for whom the self would give itself, that occupies the dying thoughts. There is not often a desire to be released from trouble and suffering. On the contrary, there is often a desire to suffer the greatest suffering, and to offer the greatest offering, with even greater pain, if so any work can be done. And still, this, and all, is ascribed to God's goodness. The offering is not to buy anything by suffering, but — If only the suppliant can do anything for God's children!
These suppliants did not live to see the " reformation" of God's children. No more will any who now offer these prayers. But at least we can all work towards such practical " reformation." The way to live with God is to live with Ideas — not merely to think about ideals, but to do and suffer for them. Those who have to work on men and women must above all things have their Spiritual Ideal, their purpose, ever present. The "mystical " state is the essence of common sense.
Source: Law and Authority (1886), I
Context: In existing States a fresh law is looked upon as a remedy for evil. Instead of themselves altering what is bad, people begin by demanding a law to alter it. … In short, a law everywhere and for everything! A law about fashions, a law about mad dogs, a law about virtue, a law to put a stop to all the vices and all the evils which result from human indolence and cowardice.
We are so perverted by an education which from infancy seeks to kill in us the spirit of revolt, and to develop that of submission to authority; we are so perverted by this existence under the ferrule of a law, which regulates every event in life — our birth, our education, our development, our love, our friendship — that, if this state of things continues, we shall lose all initiative, all habit of thinking for ourselves. Our society seems no longer able to understand that it is possible to exist otherwise than under the reign of law, elaborated by a representative government and administered by a handful of rulers. And even when it has gone so far as to emancipate itself from the thralldom, its first care has been to reconstitute it immediately. "The Year I of Liberty" has never lasted more than a day, for after proclaiming it men put themselves the very next morning under the yoke of law and authority.
The Law of Mind (1892)
Context: One of the most marked features about the law of mind is that it makes time to have a definite direction of flow from past to future.... This makes one of the great contrasts between the law of mind and the law of physical force, where there is no more distinction between the two opposite directions in time than between moving northward and moving southward.
Growing in Spirit http://cavafis.compupress.gr/kave_130.htm (1903)
Collected Poems (1992)
Context: He who hopes to grow in spirit
will have to transcend obedience and respect.
He'll hold to some laws
but he'll mostly violate
both law and custom, and go beyond
the established, inadequate norm.
Sensual pleasures will have much to teach him.
He won't be afraid of the destructive act:
half the house will have to come down.
This way he'll grow virtuously into wisdom.
1963, Address at Vanderbilt University
Context: You have responsibilities, in short, to use your talents for the benefit of the society which helped develop those talents. You must decide, as Goethe put it, whether you will be an anvil or a hammer, whether you will give to the world in which you were reared and educated the broadest possible benefits of that education. Of the many special obligations incumbent upon an educated citizen, I would cite three as outstanding: your obligation to the pursuit of learning, your obligation to serve the public, your obligation to uphold the law.
Africa and Freedom, Nobel Lecture (1961)
Context: ... as a Christian and patriot, [I] could not look on while systematic attempts were made, almost in every department of life, to debase the God-factor in man or to set a limit beyond which the human being in his black form might not strive to serve his Creator to the best of his ability. To remain neutral in a situation where the laws of the land virtually criticized God for having created men of color was the sort of thing I could not, as a Christian, tolerate.
“The written law is binding, but the unwritten law is much more so.”
The Law
The Note-Books of Samuel Butler (1912), Part VII - On the Making of Music, Pictures, and Books
Context: The written law is binding, but the unwritten law is much more so. You may break the written law at a pinch and on the sly if you can, but the unwritten law — which often comprises the written — must not be broken. Not being written, it is not always easy to know what it is, but this has got to be done.
2:14-17 (KJV) https://www.biblegateway.com/passage/?search=Ephesians+2&version=KJV;SBLGNT
Variant translations:
For he is our peace; in his flesh he has made both groups into one and has broken down the dividing wall, that is, the hostility between us. He has abolished the law with its commandments and ordinances, that he might create in himself one new humanity in place of the two, thus making peace
2:14-15 (NRSV) https://www.biblegateway.com/passage/?search=Ephesians+2%3A14-15&version=NRSV
Epistle to the Ephesians
Context: !-- Wherefore remember, that ye being in time past Gentiles in the flesh, who are called Uncircumcision by that which is called the Circumcision in the flesh made by hands; That at that time ye were without Christ, being aliens from the commonwealth of Israel, and strangers from the covenants of promise, having no hope, and without God in the world: But now in Christ Jesus ye who sometimes were far off are made nigh by the blood of Christ. 2:11-13--> For he is our peace, who hath made both one, and hath broken down the middle wall of partition between us; Having abolished in his flesh the enmity, even the law of commandments contained in ordinances; for to make in himself of twain one new man, so making peace; And that he might reconcile both unto God in one body by the cross, having slain the enmity thereby: And came and preached peace to you which were afar off, and to them that were nigh. For through him we both have access by one Spirit unto the Father.
Now therefore ye are no more strangers and foreigners, but fellow citizens with the saints, and of the household of God; And are built upon the foundation of the apostles and prophets, Jesus Christ himself being the chief corner stone; In whom all the building fitly framed together groweth unto an holy temple in the Lord: In whom ye also are builded together for an habitation of God through the Spirit.
“See the wild herd nobly ranging,
Nature varying, not changing,
Lawful in their lawless ranging.”
Life Without and Life Within (1859), The Captured Wild Horse
Context: p>On the boundless plain careering
By an unseen compass steering, Wildly flying, reappearing, —
With untamed fire their broad eyes glowing
In every step a grand pride showing,
Of no servile moment knowing, —Happy as the trees and flowers, In their instinct cradled hours,
Happier in fuller powers, —See the wild herd nobly ranging,
Nature varying, not changing,
Lawful in their lawless ranging.</p
Frame of Government (1682)
Context: I know what is said by the several admirers of monarchy, aristocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on the subject. But I chuse to solve the controversy with this small distinction, and it belongs to all three: Any government is free to the people under it (whatever be the frame) where the law rules, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.
4th article
Gorbachevism (1988)
2000s, The Real Abraham Lincoln: A Debate (2002), The South was a Closed Society
Context: There were eight of them that had laws trying to protect black people who were free from being kidnapped as slaves, because under the law of 1850, the Fugitive Slave Act. If a Southerner came across from Virginia to Pennsylvania and saw a black man that he thought he would like to have as a slave, he had to say, 'Well, that’s my runaway slave', and this runaway slave would then be arrested and confined, and then there would be a hearing before a federal commissioner. And the would-be slave owner could summon witnesses—as many as he wanted. The man accused of being a slave could summon no witnesses, had no counsel. And if the federal commissioner decided he was a slave, he was paid $10, and if he decided he was a free man, he was paid $5. It’s hard to imagine any law passed in either Nazi Germany or Stalin's Russia that was more inconsistent with the principles of civil liberty than the Fugitive Slave Act.
Source: Prometheus Bound, lines 309–310 (tr. G. M. Cookson)
Science and the Unseen World (1929)
Context: However closely we may associate thought with the physical machinery of the brain, the connection is dropped as irrelevant as soon as we consider the fundamental property of thought—that it may be correct or incorrect.... that involves recognising a domain of the other type of law—laws which ought to be kept, but may be broken.<!--V, p.57-58
Day of Affirmation Address (1966)
Context: The road toward equality of freedom is not easy, and great cost and danger march alongside us. We are committed to peaceful and nonviolent change, and that is important for all to understand — though all change is unsettling. Still, even in the turbulence of protest and struggle is greater hope for the future, as men learn to claim and achieve for themselves the rights formerly petitioned from others. And most important of all, all of the panoply of government power has been committed to the goal of equality before the law, as we are now committing ourselves to the achievement of equal opportunity in fact. We must recognize the full human equality of all of our people before God, before the law, and in the councils of government. We must do this, not because it is economically advantageous, although it is; not because the laws of God command it, although they do; not because people in other lands wish it so. We must do it for the single and fundamental reason that it is the right thing to do.
American Communications Association v. Douds, 339 U.S. 382, 444 (1950)
Judicial opinions
Douglas v. Jeannette, 319 U.S. 157, 181 (1943)
Judicial opinions
Aylmer's Field (1864); reported in Bartlett's Familiar Quotations, 10th ed. (1919)
“Destruction, violence, ravages, murder, are perpetrated by statute law.”
The Better Part (1901)
Context: I AM an Anarchist.
All good men are Anarchists.
All cultured, kindly men; all gentlemen; all just men are Anarchists.
Jesus was an Anarchist.
A Monarchist is one who believes a monarch should govern. A Plutocrat believes in the rule of the rich. A Democrat holds that the majority should dictate. An Aristocrat thinks only the wise should decide; while an Anarchist does not believe in government at all. Richard Croker is a Monarchist; Mark Hanna a Plutocrat; Cleveland a Democrat; Cabot Lodge an Aristocrat; William Penn, Henry D. Thoreau, Bronson Alcott and Walt Whitman were Anarchists. An Anarchist is one who minds his own business. An Anarchist does not believe in sending warships across wide oceans to kill brown men, and lay waste rice fields, and burn the homes of people who are fighting for liberty. An Anarchist does not drive women with babes at their breasts and other women with babes unborn, children and old men into the jungle to be devoured by beasts or fever or fear, or die of hunger, homeless, unhouseled and undone.
Destruction, violence, ravages, murder, are perpetrated by statute law..
“Criminal law therefore cannot be based on the notion of sin; it is crimes that it must define.”
Part 1, 1919 - 1968 The Road to 24 Sussex Drive, p. 83
Memoirs (1993)
Context: What is considered sinful in one of the great religions to which citizens belong isn't necessarily sinful in the others. Criminal law therefore cannot be based on the notion of sin; it is crimes that it must define.
Source: The Ordeal of Change (1963), Ch. 15: "The Unnaturalness Of Human Nature"
Context: One should see the dominant role of the weak in shaping man's fate not as a perversion of natural instincts and vital impulses, but as the starting point of the deviation which led man to break away from, and rise above, nature — not as degeneration but as the generation of a new order of creation.
The corruption inherent in absolute power derives from the fact that such power is never free from the tendency to turn man into a thing, and press him back into the matrix of nature from which he has risen. For the impulse of power is to turn every variable into a constant, and give to commands the inexorableness and relentlessness of laws of nature. Hence absolute power corrupts even when exercised for humane purposes. The benevolent despot who sees himself as a shepherd of the people still demands from others the submissiveness of sheep. The taint inherent in absolute power is not its inhumanity but its anti-humanity.
The Caesars (c. 361)
Context: Know all ye mortals who have entered this contest,
that according to our laws and decrees the victor is
allowed to exult but the vanquished must not complain.
Depart then wherever you please, and in future live
every one of you under the guidance of the gods.
Let every man choose his own guardian and guide.
Crisis of the House Divided: An Interpretation of the Issues in the Lincoln Douglas Debates http://archive.li/CFqbg (1959), p. 195
1950s
Context: Lincoln was again and again to refer to the proposition, 'all men are created equal', as an 'abstract truth', a truth which was the life principle of American law. The implications of this truth were only partially realized, even for white men, and largely denied as far as black men were concerned. Yet it supplied the direction, the meaning, of all good laws in this country, although the attempt at that time to achieve all that might and ought ultimately to be demanded in its name would have been disastrous. A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error; those who believe the law should sanction only what is right commit another. Either error might result in foolish laws; and, although a foolish law may be preferable to a wise dictator, a wise law is preferable to both.
Southern Pacific Company v. Jensen 244 U.S. 205, 222 (1917) (Holmes, J., dissenting; opinion published (21 May 1917).
1910s
“Law is par excellence the thing that wants a reason.”
The Architecture of Theories (1891)
Context: To suppose universal laws of nature capable of being apprehended by the mind and yet having no reason for their special forms, but standing inexplicable and irrational, is hardly a justifiable position. Uniformities are precisely the sort of facts that need to be accounted for. That a pitched coin should sometimes turn up heads and sometimes tails calls for no particular explanation; but if it shows heads every time, we wish to know how this result has been brought about. Law is par excellence the thing that wants a reason.
Editorial in TheAmerican Mercury (May 1924), p. 26
1920s
Context: The strange American ardor for passing laws, the insane belief in regulation and punishment, plays into the hands of the reformers, most of them quacks themselves. Their efforts, even when honest, seldom accomplish any appreciable good. The Harrison Act, despite its cruel provisions, has not diminished drug addiction in the slightest. The Mormons, after years of persecution, are still Mormons, and one of them is now a power in the Senate. Socialism in the United States was not laid by the Espionage Act; it was laid by the fact that the socialists, during the war, got their fair share of the loot. Nor was the stately progress of osteopathy and chiropractic halted by the early efforts to put them down. Oppressive laws do not destroy minorities; they simply make bootleggers.
Introduction : The Libertarian Tradition
Communalism (1974)
Context: The contemporary world is being pulled apart by two contrary tendencies — one toward social death, one toward the birth of a new society. Many of the phenomena of the present crisis are ambivalent and can either mean death or birth depending on how the crisis is resolved.
The crisis of a civilization is a mass phenomenon and moves onward without benefit of ideology. The demand for freedom, community, life significance, the attack on alienation, is largely inchoate and instinctive. In the libertarian revolutionary movement these objectives were ideological, confined to books, or realized with difficulty, usually only temporarily in small experimental communities, or in individual lives and tiny social circles. It has been said of the contemporary revolutionary wave that it is a revolution without theory, anti-ideological. But the theory, the ideology, already exists in a tradition as old as capitalism itself. Furthermore, just as individuals specially gifted have been able to live free lives in the interstices of an exploitative, competitive system, so in periods when the developing capitalist system has temporarily and locally broken down due to the drag of outworn forms there have existed brief revolutionary honeymoons in which freer communal organization has prevailed. Whenever the power structure falters or fails the general tendency is to replace it with free communism. This is almost a law of revolution. In every instance so far, either the old power structure, as in the Paris Commune or the Spanish Civil War, or a new one, as in the French and Bolshevik Revolutions, has suppressed these free revolutionary societies with wholesale terror and bloodshed.
“The King governs by Law. Let us look back to the evils we had, in order to prevent more.”
Speech in parliament (19 October 1675) http://www.british-history.ac.uk/report.asp?compid=40374.
Context: The King governs by Law. Let us look back to the evils we had, in order to prevent more. There was loan, and ship-money, and extremes begat extremes. The House would then give no money. Let the King rely upon the Parliament; we have settled the Crown and the Government. 'Tis strange that we have sat so many years, and given so much money, and are still called upon for Supply. The Lords may give Supply with their own money, but we give the peoples; we are their proxies. The King takes his measures by the Parliament, and he doubts not but that all the Commons will supply for the Government; but giving at this rate that we have done, we shall be "a branch of the revenue." They will "anticipate" us too. But, let the officers say what they will, we will not make these mismanagements the King's error. 'Tis better it should fall upon us than the King. We give public money, and must see that it goes to public use. Tell your money, fix it to public ends, and take order against occasions of this nature for the future. We cannot live at the expence of Spain, that has the Indies; or France, who has so many millions of revenue. Let us look to our Government, Fleet, and Trade. 'Tis the advice that the oldest Parliament-man among you can give you; and so, God bless you!
Source: Nationalism and Culture (1937), Ch. 1 "The Insufficiency of Economic Materialism"
Context: However fully man may recognise cosmic laws he will never be able to change them, because they are not his work. But every form of his social existence, every social institution which the past has bestowed on him as a legacy from remote ancestors, is the work of men and can be changed by human will and action or made to serve new ends. Only such an understanding is truly revolutionary and animated by the spirit of the coming ages. Whoever believes in the necessary sequence of all historical events sacrifices the future to the past. He explains the phenomena of social life, but he does not change them. In this respect all fatalism is alike, whether of a religious, political or economic nature. Whoever is caught in its snare is robbed thereby of life's most precious possession; the impulse to act according to his own needs. It is especially dangerous when fatalism appears in the gown of science, which nowadays so often replaces the cassock of the theologian; therefore we repeat: The causes which underlie the processes of social life have nothing in common with the laws of physical and mechanical natural events, for they are purely the results of human purpose, which is not explicable by scientific methods. To misinterpret this fact is a fatal self-deception from which only a confused notion of reality can result.
I am an anarchist!
Prologue
Anarchism : A History of Libertarian Ideas and Movements (1962)
1840s, Essays: First Series (1841), Self-Reliance
Context: Inasmuch as the soul is present, there will be power not confident but agent. To talk of reliance is a poor external way of speaking. Speak rather of that which relies, because it works and is. Who has more obedience than I masters me, though he should not raise his finger. Round him I must revolve by the gravitation of spirits. We fancy it rhetoric, when we speak of eminent virtue. We do not yet see that virtue is Height, and that a man or a company of men, plastic and permeable to principles, by the law of nature must overpower and ride all cities, nations, kings, rich men, poets, who are not.
This is the ultimate fact which we so quickly reach on this, as on every topic, the resolution of all into the ever-blessed ONE. Self-existence is the attribute of the Supreme Cause, and it constitutes the measure of good by the degree in which it enters into all lower forms. All things real are so by so much virtue as they contain.
Part 3: "The Sense of Human Dignity", §1 (p. 52)
Science and Human Values (1956, 1965)
Context: No fact in the world is instant, infinitesimal and ultimate, a single mark. There are, I hold, no atomic facts. In the language of science, every fact is a field — a crisscross of implications, those that lead to it and those that lead from it. … We condense the laws around concepts. Science takes its coherence, its intellectual and imaginative strength together, from the concepts at which its laws cross, like knots in a mesh.
Context: You cannot judge all men by the one standard, any more than you can make shoes for all of them on the same last. No law that ever darkened white paper in the printing can lay down a rule of conduct for all men to follow alike.
"The Science of History", (5 February 1864); lecture published in Representative Essays (1885) by George Haven Putnam, p. 274; Lord Acton quoted the first sentence of this statement in an address "The Study Of History" (11 June 1895) http://www.fordham.edu/halsall/mod/1906acton.html, and it has often since been misattributed to him. The phrase has also sometimes been misquoted as: Opinions alter, manners change, creeds rise and fall, but the moral laws are written on the table of eternity.
Context: Opinions alter, manners change, creeds rise and fall, but the moral law is written on the tablets of eternity. For every false word or unrighteous deed, for cruelty and oppression, for lust or vanity, the price has to be paid at last.
Non-Violent Resistance - Often misquoted as "You assist an evil system most effectively by obeying its orders and decrees. An evil system never deserves such allegiance."
Posthumous publications (1950s and later)
Context: You assist an unjust administration most effectively by obeying its orders and decrees. An evil administration never deserves such allegiance. Allegiance to it means partaking of the evil.
A good person will resist an evil system with his whole soul. Disobedience of the laws of an evil state is therefore a duty.
First Inaugural Address (4 March 1885)
Context: The laws and the entire scheme of our civil rule, from the town meeting to the State capitals and the national capital, is yours. Your every voter, as surely as your Chief Magistrate, under the same high sanction, though in a different sphere, exercises a public trust. Nor is this all. Every citizen owes to the country a vigilant watch and close scrutiny of its public servants and a fair and reasonable estimate of their fidelity and usefulness. Thus is the people's will impressed upon the whole framework of our civil polity — municipal, State, and Federal; and this is the price of our liberty and the inspiration of our faith in the Republic.
250 U.S. at 630-31.
1910s, Abrams v. United States, 250 U.S. 616 (1919)
Source: Vestiges of the Natural History of Creation (1844), p. 19
Context: We have seen that the law which causes rotation in the single solar masses, is exactly the same which produces the familiar phenomenon of a small whirlpool or dimple in the surface of a stream. Such dimples are not always single. Upon the face of a river where there are various contending currents, it may often be observed that two or more dimples are formed near each other with more or less regularity. These fantastic eddies, which the musing poet will sometimes watch abstractedly for an hour, little thinking of the law which produces and connects them, are an illustration of the wonders of binary and ternary solar systems.
198 U.S. at 79.
1900s, Lochner v. New York, 198 U.S. 45 (1905)
The Day the Universe Changed (1985), 1 - The Way We Are
Context: If something becomes common enough to turn into a ritual, and then starts to involve really large numbers of people, that's when the ritual becomes something else. It becomes widespread enough to affect the general agreement we all share. So, that's when the responsibility for running it goes out of your hands to be taken over by the institutions set up to run the rituals that matter on a regular basis, so that people can have clear rules and regulations to follow if they decide to get up to that particular ritual. The institutions take the admin out of daily life and run it for you: banking, government, sewage, tax collecting. Or, if you break the rules and regulations, one institution can take you out of daily life. This one: (James Burke displays a trial.) In every community, the law -- whether it's dressed up like this or the village elders telling you what the local custom is -- the law is all those rules I was on about earlier. I suppose what institutions like this do, most of all, is the dirty work. While they're putting them away here in the law court, for instance, that leaves us free to get on with making money, having a career, and avoiding the social responsibilities that these people have to deal with. And after a few centuries of this buck-passing, the institutions get big and powerful, and reach into everybody's lives so much they become hard to alter and virtually impossible to get rid of.
