
Plato, 51.
The Lives and Opinions of Eminent Philosophers (c. 200 A.D.), Book 3: Plato
The Law
The Note-Books of Samuel Butler (1912), Part VII - On the Making of Music, Pictures, and Books
Context: The written law is binding, but the unwritten law is much more so. You may break the written law at a pinch and on the sly if you can, but the unwritten law — which often comprises the written — must not be broken. Not being written, it is not always easy to know what it is, but this has got to be done.
Plato, 51.
The Lives and Opinions of Eminent Philosophers (c. 200 A.D.), Book 3: Plato
Thomas Taylor (Tr.) Political fragments of Archytas, Charondas, Zaleucus, and other Ancient Pythagoreans, preserved by Stobæus; and also, Ethical Fragments of Pierocles http://books.google.com/books?id=Kx4PAQAAMAAJ (1822)
The Living Law, 10 Illinois Law Review 461, 467 (1915-16).
Extra-judicial writings
Silence is a Commons (1982)
Context: "Commons" is an Old English word. According to my Japanese friends, it is quite close to the meaning that iriai still has in Japanese. "Commons," like iriai, is a word which, in preindustrial times, was used to designate certain aspects of the environment. People called commons those parts of the environment for which customary law exacted specific forms of community respect. People called commons that part of the environment which lay beyond their own thresholds and outside of their own possessions, to which, however, they had recognized claims of usage, not to produce commodities but to provide for the subsistence of their households. The customary law which humanized the environment by establishing the commons was usually unwritten. It was unwritten law not only because people did not care to write it down, but because what it protected was a reality much too complex to fit into paragraphs. The law of the commons regulates the right of way, the right to fish and to hunt, to graze, and to collect wood or medicinal plants in the forest.
An oak tree might be in the commons. Its shade, in summer, is reserved for the shepherd and his flock; its acorns are reserved for the pigs of the neighbouring peasants; its dry branches serve as fuel for the widows of the village; some of its fresh twigs in springtime are cut as ornaments for the church — and at sunset it might be the place for the village assembly. When people spoke about commons, iriai, they designated an aspect of the environment that was limited, that was necessary for the community's survival, that was necessary for different groups in different ways, but which, in a strictly economic sense, was not perceived as scarce.
“Some laws are not written, but are more decisive than any written law.”
Quædam iura non scripta, sed omnibus scriptis certiora sunt.
Book I, Chapter I; slightly modified translation from Norman T. Pratt Seneca's Drama (Chapel Hill: University of North Carolina Press, 1983) p. 140
Controversiae
Lord Hobart's Rep. 341.
Sheffield v. Ratcliffe (1615)
"The Problems of the Colored Race in the South," lecture, Hamilton Club, Chicago (10 December 1895) http://web.archive.org/20071031084051/www.historycooperative.org/btw/Vol.4/html/93.html
Context: Men may make laws to hinder and fetter the ballot, but men cannot make laws that will bind or retard the growth of manhood.
We went into slavery a piece of property; we came out American citizens. We went into slavery pagans; we came out Christians. We went into slavery without a language; we came out speaking the proud Anglo-Saxon tongue. We went into slavery with slave chains clanking about our wrists; we came out with the American ballot in our hands.
Progress, progress is the law of nature; under God it shall be our eternal guiding star.