
The Essays Or Counsels, Civil And Moral, Of Francis Ld. Verulam Viscount St. Albans (1625), Of Judicature
Of Judicature
Essays (1625)
The Essays Or Counsels, Civil And Moral, Of Francis Ld. Verulam Viscount St. Albans (1625), Of Judicature
“Strain not the laws to make their tortures grievous.”
Act III, scene v.
Cato, A Tragedy (1713)
Context: See they suffer death,
But in their deaths remember they are men,
Strain not the laws to make their tortures grievous.
"Liberty and Democracy" in the Baltimore Evening Sun (13 April 1925), also in A Second Mencken Chrestomathy : New Selections from the Writings of America's Legendary Editor, Critic, and Wit (1994) edited by Terry Teachout, p. 35
1920s
Context: Liberty and democracy are eternal enemies, and every one knows it who has ever given any sober reflection to the matter. A democratic state may profess to venerate the name, and even pass laws making it officially sacred, but it simply cannot tolerate the thing. In order to keep any coherence in the governmental process, to prevent the wildest anarchy in thought and act, the government must put limits upon the free play of opinion. In part, it can reach that end by mere propaganda, by the bald force of its authority — that is, by making certain doctrines officially infamous. But in part it must resort to force, i. e., to law. One of the main purposes of laws in a democratic society is to put burdens upon intelligence and reduce it to impotence. Ostensibly, their aim is to penalize anti-social acts; actually their aim is to penalize heretical opinions. At least ninety-five Americans out of every 100 believe that this process is honest and even laudable; it is practically impossible to convince them that there is anything evil in it. In other words, they cannot grasp the concept of liberty. Always they condition it with the doctrine that the state, i. e., the majority, has a sort of right of eminent domain in acts, and even in ideas — that it is perfectly free, whenever it is so disposed, to forbid a man to say what he honestly believes. Whenever his notions show signs of becoming "dangerous," ie, of being heard and attended to, it exercises that prerogative. And the overwhelming majority of citizens believe in supporting it in the outrage. Including especially the Liberals, who pretend — and often quite honestly believe — that they are hot for liberty. They never really are. Deep down in their hearts they know, as good democrats, that liberty would be fatal to democracy — that a government based upon shifting and irrational opinion must keep it within bounds or run a constant risk of disaster. They themselves, as a practical matter, advocate only certain narrow kinds of liberty — liberty, that is, for the persons they happen to favor. The rights of other persons do not seem to interest them. If a law were passed tomorrow taking away the property of a large group of presumably well-to-do persons — say, bondholders of the railroads — without compensation and without even colorable reason, they would not oppose it; they would be in favor of it. The liberty to have and hold property is not one they recognize. They believe only in the liberty to envy, hate and loot the man who has it.
O’Connell’s Correspondence, Letter No 700, Vol II
Letter to Thomas Jefferson (23 January 1825), published in Letters: The Complete Correspondence Between Thomas Jefferson and Abigail and John Adams (UNC Press, 1988), p. 607
1820s
Context: We think ourselves possessed, or, at least, we boast that we are so, of liberty of conscience on all subjects, and of the right of free inquiry and private judgment in all cases, and yet how far are we from these exalted privileges in fact! There exists, I believe, throughout the whole Christian world, a law which makes it blasphemy to deny or doubt the divine inspiration of all the books of the Old and New Testaments, from Genesis to Revelations. In most countries of Europe it is punished by fire at the stake, or the rack, or the wheel. In England itself it is punished by boring through the tongue with a poker. In America it is not better; even in our own Massachusetts, which I believe, upon the whole, is as temperate and moderate in religious zeal as most of the States, a law was made in the latter end of the last century, repealing the cruel punishments of the former laws, but substituting fine and imprisonment upon all those blasphemers upon any book of the Old Testament or New. Now, what free inquiry, when a writer must surely encounter the risk of fine or imprisonment for adducing any argument for investigating into the divine authority of those books? Who would run the risk of translating Dupuis? But I cannot enlarge upon this subject, though I have it much at heart. I think such laws a great embarrassment, great obstructions to the improvement of the human mind. Books that cannot bear examination, certainly ought not to be established as divine inspiration by penal laws. It is true, few persons appear desirous to put such laws in execution, and it is also true that some few persons are hardy enough to venture to depart from them. But as long as they continue in force as laws, the human mind must make an awkward and clumsy progress in its investigations. I wish they were repealed. The substance and essence of Christianity, as I understand it, is eternal and unchangeable, and will bear examination forever, but it has been mixed with extraneous ingredients, which I think will not bear examination, and they ought to be separated.
Source: "China Targets Corporate Backers of Taiwan’s Ruling Party" in Bloomberg https://www.bloomberg.com/news/articles/2021-11-22/china-sets-sights-on-corporate-backers-of-taiwan-s-independence (22 November 2021)
1 Cababe & Ellis' Q. B. D. Rep. 134.
Reg. v. Ramsey (1883)
People Have the Power, from Dream of Life (1988)
Lyrics
“People must be confident that a judge’s decisions are determined by the law, and only the law.”
[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]
Remarks by Judge Garland upon nomination to Supreme Court of the United States (2016)