“A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error”

— Harry V. Jaffa

Crisis of the House Divided: An Interpretation of the Issues in the Lincoln Douglas Debates http://archive.li/CFqbg (1959), p. 195
1950s
Context: Lincoln was again and again to refer to the proposition, 'all men are created equal', as an 'abstract truth', a truth which was the life principle of American law. The implications of this truth were only partially realized, even for white men, and largely denied as far as black men were concerned. Yet it supplied the direction, the meaning, of all good laws in this country, although the attempt at that time to achieve all that might and ought ultimately to be demanded in its name would have been disastrous. A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error; those who believe the law should sanction only what is right commit another. Either error might result in foolish laws; and, although a foolish law may be preferable to a wise dictator, a wise law is preferable to both.

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Harry V. Jaffa 171

American historian and collegiate professor 1918–2015

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“For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions.”
Est enim unum ius quo deuincta est hominum societas et quod lex constituit una, quae lex est recta ratio imperandi atque prohibendi. Quam qui ignorat, is est iniustus, siue est illa scripta uspiam siue nusquam.

Marcus Tullius Cicero book De Legibus

Book I, section 42; Translation by C.D. Yonge)
De Legibus (On the Laws)
Context: For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.

“I have observed in foolish awe
The dateless mid-days of the law
And seen indifferent justice done
By everyone on everyone.”

Edwin Muir (1887–1959) British poet, novelist and translator

The Brothers (1983)

“There is but one law for all, namely, that law which governs all law, the law of our Creator, the law of humanity, justice, equity — the law of nature, and of nations.”

Edmund Burke (1729–1797) Anglo-Irish statesman

28 May 1794
On the Impeachment of Warren Hastings (1788-1794)

“Nobody really thinks who does not abstract from that which is given, who does not relate the facts to the factors which have made them, who does not — in his mind — undo the facts. Abstractness is the very life of thought, the token of its authenticity.”

Herbert Marcuse book One-Dimensional Man

Source: One-Dimensional Man (1964), p. 134

“Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.”

Robert H. Jackson (1892–1954) American judge

Shaughnessy v. United States ex rel Mezei, 345 U.S. 206, 224–25 (1953)
Judicial opinions
Context: Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due process. It yields less to the times, varies less with conditions, and defers much less to legislative judgment. Insofar as it is technical law, it must be a specialized responsibility within the competence of the judiciary on which they do not bend before political branches of the Government, as they should on matters of policy which compromise substantive law.
If it be conceded that in some way [that the agency could take the action it did], does it matter what the procedure is? Only the untaught layman or the charlatan lawyer can answer that procedure matters not. Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices. Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.

“I may say Christianity itself divided into its thousands also, who are disputing, anathematizing and where the laws permit burning and torturing one another for abstractions which no one of them understand, and which are indeed beyond the comprehension of the human mind”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

.
Letter to George Logan (12 November 1816). Published in The Works of Thomas Jefferson in Twelve Volumes http://oll.libertyfund.org/ToC/0054.php, Federal Edition, Paul Leicester Ford, ed., New York: G. P. Putnam's Sons, 1904, Vol. 12 http://oll.libertyfund.org/Texts/Jefferson0136/Works/0054-12_Bk.pdf, pp. 43
1810s

“Laws of justice which Hammurabi, the wise king, established.”

Hammurabi (-1810–-1750 BC) sixth king of Babylon

Epilogue to the Code of Hammurabi (translated by Leonard William King, 1910). i like potatoes

“This idea is that laws which purport to be statements of what actually occurs are statistical in character as distinct from so-called dynamic laws that are abstract and mathematical, and disguised definitions. Recognition of the statistical nature of physical laws was first effected in the case of gases when it became evident that generalizations regarding the behavior of swarms of molecules were not descriptions or predictions of the behavior of any individual particle. A single molecule is not and cannot be a gas. It is consequently absurd to suppose that a scientific law is about the elementary constituents of a gas. It is a statement of what happens when a large number of such constituents interact with one another under certain conditions.”

John Dewey (1859–1952) American philosopher, psychologist, and educational reformer

Time and Individuality (1940)

“I think people are great in many different ways. So, I think some justices are great because they have extraordinary wisdom, they have an understanding of how to apply the law in their times … in a way that's completely consistent with … the text of the law and the purposes of the law, and in a way that's completely right for the times in which they live in.”

Elena Kagan (1960) Associate Justice of the Supreme Court of the United States

Interview on C-SPAN (9 December 2010) http://www.c-spanvideo.org/program/297143-1.

“No new artistic system will withstand the pressure of a growing new culture until the very foundation of Art will be erected on the real laws of life.
Until all artists will say with us…
All is a fiction… only life and its laws are authentic and in life only the active is beautiful and wise and strong and right, for life does not know beauty as an aesthetic measure… efficacious existence is the highest beauty.
Life knows neither good nor bad nor justice as a measure of morals… need is the highest and most just of all morals.
Life does not know rationally abstracted truths as a measure of cognizance, deed is the highest and surest of truths.
Those are the laws of life. Can art withstand these laws if it is built on an abstraction, on mirage, and fiction?…”

Naum Gabo (1890–1977) Russian sculptor

Quoted in: Naum Gabo, Michael Compton (1987) Naum Gabo: sixty years of constructivism. p. 8
1918 - 1935, Realistic Manifesto, 1920

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Harry V. Jaffa 171

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