“The law does not expect a man to be prepared to defend every act of his life which may be suddenly and without notice alleged against him.”

In the Trial of Aaron Burr, August 1807

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John Marshall41

fourth Chief Justice of the United States 1755–1835

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“It occurred to him that what had appeared perfectly impossible before, namely that he had not spent his life as he should have done, might after all be true. It occurred to him that his scarcely perceptible attempts to struggle against what was considered good by the most highly placed people, those scarcely noticeable impulses which he had immediately suppressed, might have been the real thing, and all the rest false. And his professional duties and the whole arrangement of his life and of his family, and all his social and official interests, might all have been false. He tried to defend all those things to himself and suddenly felt the weakness of what he was defending.”

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

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Context: As man does not live in a solitary state, habits and feeling develop within him which are useful for the preservation of society and the propagation of the race. Without social feelings and usages life in common would have been absolutely impossible. It is not law which has established them; they are anterior to all law. Neither is it religion which has ordained them; they are anterior to all religions. They are found amongst all animals living in society. They are spontaneously developed by the new nature of things, like those habits in animals which men call instinct. They spring from a process of evolution, which is useful, and, indeed, necessary, to keep society together in the struggle it is forced to maintain for existence.

“But laws alone cannot secure freedom of expression; in order that every man may present his views without penalty there must be a spirit of tolerance in the entire population.”

Albert Einstein (1879–1955) German-born physicist and founder of the theory of relativity

"On Freedom" (1940), p. 13 http://books.google.com/books?id=Q1UxYzuI2oQC&lpg=PP1&pg=PA13#v=onepage&q&f=false <br class="br">1950s, Out of My Later Years (1950) <br class="br">Context: This freedom of communication is indispensable for the development and extension of scientific knowledge, a consideration of much practical import. In the first instance it must be guaranteed by law. But laws alone cannot secure freedom of expression; in order that every man may present his views without penalty there must be a spirit of tolerance in the entire population. Such an ideal of external liberty can never be fully attained but must be sought unremittingly if scientific thought, and philosophical and creative thinking in general, are to be advanced as far as possible.

“Man has only the rights he can defend. Our most basic right is life. It's enshrined not only in our Constitution, but in the charter of the United Nations. The prohibition against taking a life is found in our most ancient texts and in the statutes of every nation. Every murder, whether in Brooklyn, Santiago, Rwanda or Kosovo, demands punishment by whatever legal means possible. Otherwise, the right to life is just an empty promise. The law against murder applies to all. No matter the perpetrator, the victim, or the country where the murder is committed. It is the one moral law that recognizes no national, racial or religious boundaries. It can tolerate no exception. There is one law. One law. And when that law is broken it is the duty of every officer of any court to rise in defense of that law, and bring their full power and diligence to bear against the law breaker. Because Man has only those rights he can defend. Only those rights.”

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“Man’s rights can be violated only by the use of physical force. It is only by means of physical force that one man can deprive another of his life, or enslave him, or rob him, or prevent him from pursuing his own goals, or compel him to act against his own rational judgment.”

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The Virtue of Selfishness (1964)

“The law does not expect a man to be prepared to defend every act of his life which may be suddenly and without notice alleged against him.”

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John Marshall41

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