“My analysis of the judicial process comes then to this, and little more: logic, and history, and custom, and utility, and the accepted standards of right conduct, are the forces which singly or in combination shape the progress of the law. Which of these forces dominate depends largely upon the comparative importance or value of the social interests that will be thereby promoted or impaired. … The most fundamental social interest is that law shall be uniform and impartial. … Uniformity ceases to be a good when it becomes uniformity of oppression.”

— Benjamin N. Cardozo

Page 112
Other writings, The Nature of the Judicial Process (1921)

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Benjamin N. Cardozo 52

United States federal judge 1870–1938

Armen Alchian (1914–2013) American economist

Source: Economic Forces at Work, 1977, p. 129-130 ; as cited in Eggertsson (1990; 34)

“They have force and will be able to dominate us, but social processes can be arrested by neither crime nor force. History is ours, and people make history.”

Salvador Allende (1908–1973) Chilean physician and politician

Final address (1973)
Context: Placed in a historic transition, I will pay for loyalty to the people with my life. And I say to them that I am certain that the seeds which we have planted in the good conscience of thousands and thousands of Chileans will not be shriveled forever. They have force and will be able to dominate us, but social processes can be arrested by neither crime nor force. History is ours, and people make history.

“While in the course of ages the nucleus of social custom inscribed in law has been subjected to but slight and gradual modifications, the other portion has been largely developed in directions indicated by the interests of the dominant classes, and to the injury of the classes they oppress.”

Peter Kropotkin (1842–1921) Russian zoologist, evolutionary theorist, philosopher, scientist, revolutionary, economist, activist, geogr…

Source: Law and Authority (1886), III

“The more our commercial system gains in complication, the more does the common prosperity of us all come to depend upon the due performance of all contracts. Commercial development is broadly illustrating one profound truth: that the real basis of social morality is self-interest. If the subject of rivalry between nations is business, the code which has come to dominate business must necessarily come to dominate the conduct of governments.”

Norman Angell book The Great Illusion

The Great Illusion (1910)

“For at the real heart of battle for equality is a deep-seated belief in the democratic process. Equality depends not on the force of arms or tear gas but upon the force of moral right; not on recourse to violence but on respect for law and order.”

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

1960s, The American Promise (1965)

“On questions of taste there is notoriously the widest divergence of opinion./…/ if, from a survival point of view, one taste be as good as another, it is not the varieties in taste which should cause surprise so much as the uniformities. To be sure, the uniformities have often no deep aesthetic roots. They represent /…/ tendencies to agreement, which govern our social ritual, and thereby make social life possible.”

Arthur James Balfour (1848–1930) British Conservative politician and statesman

Theism and humanism

“A successful attempt to express logical propositions by symbols, the laws of whose combinations should be founded upon the laws of the mental processes which they represent, would, so far, be a step towards a philosophical language.”

George Boole (1815–1864) English mathematician, philosopher and logician

Source: 1840s, The Mathematical Analysis of Logic, 1847, p. 5

“Social psychology is especially interested in the effect which the social group has in the determination of the experience and conduct of the individual member.”

George Herbert Mead (1863–1931) American philosopher, sociologist, and psychologist

Source: Mind, Self, and Society. 1934, p. 1

“Law is not a mausoleum. It is not an antique to be taken down, dusted, admired and put back on the shelf. It is like an old but vigorous tree, having roots in history, yet continuously taking new grafts and putting out new sprouts and occasionally dropping dead wood. It is essentially a social process, the end product of which is justice and hence it must change with changing social values. Otherwise there will be estrangement between law and justice and law will cease to have legitimacy.”

P.N. Bhagwati

P.N. Bhagwati Motilal Padmapat v State of Uttar Pradesh AIR 1979 SC 621; 118 ITR 326.

“An enlightened impartial observer…will be disposed to think that in the common interests of humanity this remarkable strike and the results of this strike, which have tended somewhat to strengthen the condition of labour in the face of capital, is the record of what we ought to regard as satisfactory, as a real social advance; that it tends to a greater, a more uniform, and a more firm establishment of just relations; that it tends to a fair principle of division of the fruits of industry.”

William Ewart Gladstone (1809–1898) British Liberal politician and prime minister of the United Kingdom

Speech in Cheshire (23 September 1889) on the London dock strike, quoted in The Times (24 September 1889), p. 10.
1880s

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