“Law can only be applied to foreseeable cases.”

— Friedrich Schiller

History of the Thirty Years War - Volume II
The Thirty Years War

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Friedrich Schiller111

German poet, philosopher, historian, and playwright 1759–1805

Robert Atkyns (judge) (1621–1710) Lord Chief Baron of the Exchequer and Speaker of the House of Lords

11 How. St. Tr. 1208.
Trial of Sir Edward Hales (1686)

“Rules or laws are only beautiful if they don't apply to you.”

Mwanandeke Kindembo (1996) Congolese author

“The role of the court is to apply law to the facts of the case before it … not to legislate, not to arrogate to itself the executive power, not to hand down advisory opinion on the issues of the day.”

Merrick Garland (1952) American judge

[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: <br class="br"> March 18, 2016, The Potential Nomination of Merrick Garland, SCOTUSblog, Tom Goldstein, April 26, 2010 http://www.scotusblog.com/2010/04/the-potential-nomination-of-merrick-garland/, and also excerpted quote from this source, next cited in: <br class="br">[March 18, 2016, The Quotable Merrick Garland: A Collection of Writings and Remarks, http://www.nationallawjournal.com/home/id=1202752327128/The-Quotable-Merrick-Garland-A-Collection-of-Writings-and-Remarks, Zoe Tillman, The National Law Journal, March 16, 2016, 0162-7325] <br class="br">Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)

“There are clear cases in which "understanding" literally applies and clear cases in which it does not apply; and these two sorts of cases are all I need for this argument.”

John Rogers Searle (1932) American philosopher

Minds, Brains and Programs (1980)

“A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.”

Sir Francis Buller, 1st Baronet (1746–1800) British judge

Jones v. Smart (1785), 1 T. R. 52.

“He imprisons and tortures at Guantanamo. He imprisoned and tortured at Abu Ghraib. He has secret torture chambers in Europe. Yes, he imprisons even here in the United States, with his jails carrying more blacks than his universities can ever enroll. He even suspends the provisions of the Universal Declaration on Human Rights. Take Guantanamo for example; at that concentration camp international law does not apply. The national laws of the people there do not apply. Laws of the United States of America do not apply. Only Bush's law applies. Can the international community accept being lectured by this man on the provisions of the universal declaration of human rights? Definitely not!”

Robert Mugabe (1924–2019) former President of Zimbabwe

Speech to the United Nations General Assembly (26 September 2007)
2000s, 2005 - 2009

“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

1 Cababe & Ellis' Q. B. D. Rep. 133.
Reg. v. Ramsey (1883)

“It is a fundamental principle of criminal law that an imputed offense must correspond exactly to the type of crime described by law. If no law applies exactly to the point in question, then there can be no offense.”

Fidel Castro (1926–2016) former First Secretary of the Communist Party and President of Cuba

Ibid. p. 53
History Will Absolve Me (October 16th, 1953)

“All international laws are made by big, powerful countries but applied only on weaker ones like ours.”

Mahinda Rajapaksa (1945) Prime Minister of Sri Lanka

Interview with Hindustan Times http://www.hindustantimes.com/comment/interviewsnews/full-text-of-ht-s-exclusive-interview-with-lankan-president-rajapaksa/article1-1123091.aspx, September 17, 2013.

“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)

“Law can only be applied to foreseeable cases.”

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