“It is a strange, wild jurisdiction, where the jurors are judges both of law and fact, and ignorant country fellows2 are to determine the nicest points of law.”

Doe v. Roe (1760), 2 Burr. Part IV. 1047.

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John Eardley Wilmot22

English judge 1709–1792

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“It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision … You have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy.”

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“People must be confident that a judge’s decisions are determined by the law, and only the law.”

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[Remarks by the President Announcing Judge Merrick Garland as his Nominee to the Supreme Court, Merrick, Garland, w:Merrick Garland, The White House, March 16, 2016, https://en.wikisource.org/wiki/Remarks_by_the_President_Announcing_Judge_Merrick_Garland_as_his_Nominee_to_the_Supreme_Court#Remarks_by_Judge_Garland]; quote then excerpted in:
[March 18, 2016, ABC News, http://abcnews.go.com/News/merrick-garland-supreme-court-nomination-greatest-honor-life/story?id=37692486, Merrick Garland: Supreme Court Nomination 'Greatest Honor of My Life', March 16, 2016, Margaret Chadbourn]; and quote also excerpted in:
[March 18, 2016, The Guardian, http://www.theguardian.com/law/2016/mar/17/black-judge-effect-race-bias-overturning-court-cases, 'Black judge effect': study of overturning rates questions if justice is really blind, Rose Hackman]
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“The common law of England must direct the determination of a common law question. By common-law determinations we are bound; and to them we must always adhere: for, these are the proper constitutional declarations of the law of the land. They are so considered, even by the Court of Chancery itself. When any doubt arises in a cause of equity concerning a point of common law, it is usually referred to the determination of a Court of Common Law.”

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“The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.”

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Source: Cry, the Beloved Country

“When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.”

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“I am sure from my experience of juries that, in a criminal case especially, they will obey the law as declared by the Judge; they will take the law from the Judge, whether they like it or do not like it, and apply it honestly to the facts before them.”

John Coleridge, 1st Baron Coleridge (1820–1894) British lawyer, judge and Liberal politician

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“There is another responsibility of the states. It is quite aside from this one of jurisdiction. It is the subject of law enforcement. We are not a lawless people, but we are too frequently a careless one. The multiplicity of laws, the varied possibilities of appeals, the disposition to technicality in procedure, the delays and consequent expense of litigation which inevitably inure to the advantage of wealth and specialized ability — all these have many times been recounted as reproaches to us. It is strange that such laxities should persist in a time like the present, which is marked by a determined upward movement in behalf of the social welfare. But they do exist. They demonstrate a need for better, prompter, less irksome, and expensive administration of the laws. They point the necessity for simplification and codification of laws; for uniformity of procedure; for more accurate delimitation of State and Federal authority.”

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“Let not judges also be ignorant of their own right, as to think there is not left to them, as a principal part of their office, a wise use and application of laws.”

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“All students, members of the faculty, and public officials in both Mississippi and the Nation will be able, it is hoped, to return to their normal activities with full confidence in the integrity of American law. This is as it should be, for our Nation is founded on the principle that observance of the law is the eternal safeguard of liberty and defiance of the law is the surest road to tyranny. The law which we obey includes the final rulings of the courts, as well as the enactments of our legislative bodies. Even among law-abiding men few laws are universally loved, but they are uniformly respected and not resisted. Americans are free, in short, to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors.”

John F. Kennedy (1917–1963) 35th president of the United States of America

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Source: If Democrats Had Any Brains, They'd Be Republicans

“It is a strange, wild jurisdiction, where the jurors are judges both of law and fact, and ignorant country fellows2 are to determine the nicest points of law.”

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John Eardley Wilmot22

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