Source: You Can't Be Neutral on a Moving Train: A Personal History of Our Times
“The picture of law triumphant and justice prostrate, is not, I am aware, without admirers. To me it is a sorry spectacle. The spirit of justice does not reside in formalities, or words, nor is the triumph of its administration to be found in successfully picking a way between the pitfalls of technicality. After all, the law is, or ought to be, but the handmaid of justice, and inflexibility, which is the most becoming robe of the latter, often serves to render the former grotesque. But any real inroad upon the rights and opportunities for defence of a person charged with a breach of the law, whereby the certainty of justice might be imperilled, I conceive to be a matter of the highest moment.”
Combe v. Edwards (1878), L. R. 3 P. D. 142.
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James Wilde, 1st Baron Penzance 4
British judge and rose breeder 1816–1899Related quotes
In "The Law and the Future," in The public papers of Chief Justice Earl Warren (1959) edited by Henry M. Christman .
[Merrick Garland, Confirmation hearing on nomination of Merrick Garland to the United States Court of Appeals for the District of Columbia Circuit, United States Senate, December 1, 1995]; quote excerpted in:
[March 18, 2016, http://blogs.wsj.com/law/2016/03/16/judge-merrick-garland-in-his-own-words/, Judge Merrick Garland, In His Own Words, Joe Palazzolo, March 16, 2016, The Wall Street Journal]
Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)
1970s, Remarks on pardoning Nixon (1974)
Context: I deeply believe in equal justice for all Americans, whatever their station or former station. The law, whether human or divine, is no respecter of persons; but the law is a respecter of reality.
The facts, as I see them, are that a former President of the United States, instead of enjoying equal treatment with any other citizen accused of violating the law, would be cruelly and excessively penalized either in preserving the presumption of his innocence or in obtaining a speedy determination of his guilt in order to repay a legal debt to society.
During this long period of delay and potential litigation, ugly passions would again be aroused. And our people would again be polarized in their opinions. And the credibility of our free institutions of government would again be challenged at home and abroad.
“For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions.”
Est enim unum ius quo deuincta est hominum societas et quod lex constituit una, quae lex est recta ratio imperandi atque prohibendi. Quam qui ignorat, is est iniustus, siue est illa scripta uspiam siue nusquam.
Book I, section 42; Translation by C.D. Yonge)
De Legibus (On the Laws)
Context: For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.
Pages 150-51
Other writings, The Nature of the Judicial Process (1921)
Scouting on Two Continents (1926)
Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.
Address to Congress (1945)
Context: In this shrinking world, it is futile to seek safety behind geographical barriers. Real security will be found only in law and in justice.
Here in America, we have labored long and hard to achieve a social order worthy of our great heritage. In our time, tremendous progress has been made toward a really democratic way of life. Let me assure the forward-looking people of America that there will be no relaxation in our efforts to improve the lot of the common people.