“The natural leaning of our minds is in favour of prisoners; and in the mild manner in which the laws of this country are executed, it has rather been a subject of complaint by some that the Judges have given way too easily to mere formal objections on behalf of prisoners, and have been too ready on slight grounds to make favourable representations of their cases. Lord Hale himself, one of the greatest and best men who ever sat in judgment, considered this extreme facility as a great blemish, owing to which more offenders escaped than by the manifestation of their innocence.”

— Lloyd Kenyon, 1st Baron Kenyon

We must, however, take care not to carry this disposition too far, lest we loosen the bands of society, which is kept together by the hope of reward, and the fear of punishment. It has been always considered, that the Judges in our foreign possessions abroad were not bound by the rules of proceeding in our Courts here. Their laws are often altogether distinct from our own. Such is the case in India and other places. On appeals to the Privy Council from our colonies, no formal objections are attended to, if the substance of the matter or the corpus delicti sufficiently appear to enable them to get at the truth and justice of the case.
King v. Suddis (1800), 1 East, 314. Lord Kenyon is later reported to have written, "I once before had occasion to refer to the opinion of a most eminent Judge, who was a great Crown lawyer, upon the subject, I mean Lord Hale; who even in his time lamented the too great strictness which had been required in indictments, and which had grown to be a blemish and inconvenience in the law; and observed that more offenders escaped by the over easy ear given to exceptions in indictments than by their own innocence". King v. Airey (c. 1800), 2 East, 34.

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Lloyd Kenyon, 1st Baron Kenyon 92

British Baron 1732–1802

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“The natural leaning of our minds is in favour of prisoners; and in the mild manner in which the laws of this country are executed, it has rather been a subject of complaint by some that the Judges have given way too easily to mere formal objections on behalf of prisoners, and have been too ready on slight grounds to make favourable representations of their cases. Lord Hale himself, one of the greatest and best men who ever sat in judgment, considered this extreme facility as a great blemish, owing to which more offenders escaped than by the manifestation of their innocence." We must, however, take care not to carry this disposition too far, lest we loosen the bands of society, which is kept together by the hope of reward, and the fear of punishment. It has been always considered, that the Judges in our foreign possessions abroad were not bound by the rules of proceeding in our Courts here. Their laws are often altogether distinct from our own. Such is the case in India and other places. On appeals to the Privy Council from our colonies, no formal objections are attended to, if the substance of the matter or the corpus delicti sufficiently appear to enable them to get at the truth and justice of the case.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

King v. Suddis (1800), 1 East, 314. Lord Kenyon is later reported to have written, "I once before had occasion to refer to the opinion of a most eminent Judge, who was a great Crown lawyer, upon the subject, I mean Lord Hale; who even in his time lamented the too great strictness which had been required in indictments, and which had grown to be a blemish and inconvenience in the law; and observed that more offenders escaped by the over easy ear given to exceptions in indictments than by their own innocence". King v. Airey (c. 1800), 2 East, 34.

“There are prisoners in Guantanamo Bay that have not been tried, have no legal representation, their families cannot see them and are obviously kept in a strange land outside their own country. There is no international monitoring of their conditions and fate. No one knows whether they are prisoners, POWs, accused or criminals. European investigators have confirmed the existence of secret prisons in Europe too.”

Mahmoud Ahmadinejad (1956) 6th President of the Islamic Republic of Iran

Paragraphs 6-7
2006, Letter to George W. Bush, 2006

“In judging policies we should consider the results that have been achieved through them rather than the means by which they have been executed.”

Niccolo Machiavelli (1469–1527) Italian politician, Writer and Author

From an undated letter to Piero Soderini (translated here by Dr. Arthur Livingston), in The Living Thoughts of Machiavelli, by Count Carlo Sforza, published by Cassell, London (1942), p. 85

“We're supposed to procreate and society, god knows, is ferocious on the subject. Heterosexuality is considered such a great and natural good that you have to execute people and put them in prison if they don't practice this glorious act.”

Gore Vidal (1925–2012) American writer

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“In England, success in the profession of the law leads to some very great objects of ambition; and yet how few men, born to easy fortunes, have ever in this country been emminent in that profession?”

Adam Smith (1723–1790) Scottish moral philosopher and political economist

Source: (1776), Book V, Chapter I, Part III, p. 824.

“When one has been threatened with a great injustice, one accepts a smaller as a favour.”

Jane Welsh Carlyle (1801–1866) Scottish writer

Journal entry (25 November 1855).

“I have always thought that formerly there was too confined a way of thinking in the Judges of the common law Courts, and that Courts of equity have risen by the Judges not properly applying the principles of the common law, being too narrowly governed by old cases and maxims, which have too much prevented the public from having the benefit of the common law.”

John Eardley Wilmot (1709–1792) English judge

2 Wils. 341.
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“[We are now] in a position to judge of the validity of the objection which has been made, that the principle of Natural Selection depends on a succession of favourable chances. The objection is more in the nature of an innuendo than of a criticism, for it depends for its force upon the ambiguity of the word chance, in its popular uses. The income derived from a Casino by its proprietor may, in one sense, be said to depend upon a succession of favourable chances, although the phrase contains a suggestion of improbability more appropriate to the hopes of the patrons of his establishment. It is easy without any very profound logical analysis to perceive the difference between a succession of favourable deviations from the laws of chance, and on the other hand, the continuous and cumulative action of these laws. It is on the latter that the principle of Natural Selection relies.”

Ronald Fisher book The Genetical Theory of Natural Selection

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“The law is good, it is necessary, its execution is poor, and the manners judge the laws based on the manner in which they are executed.”

Honoré de Balzac (1799–1850) French writer

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Splendours and Miseries of Courtesans (1838-1847)
Original: (fr) La loi est bonne, elle est nécessaire, l'exécution en est mauvaise, et les mœurs jugent les lois d'après la manière dont elles s'exécutent.

“There are two ways of considering society. According to some, the development of human associations is not subject to providential, unchangeable laws. Rather, these associations, having originally been organized in a purely artificial manner by primeval legislators, can later be modified or remade by other legislators, in step with the progress of social science.”

Gustave de Molinari (1819–1912) Belgian political economist and classical liberal theorist

In this system the government plays a preeminent role, because it is upon it, the custodian of the principle of authority, that the daily task of modifying and remaking society devolves.<p>According to others, on the contrary, society is a purely natural fact. Like the earth on which it stands, society moves in accordance with general, preexisting laws. In this system, there is no such thing, strictly speaking, as social science; there is only economic science, which studies the natural organism of society and shows how this organism functions.
Source: The Production of Security (1849), p. 15-16

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Lloyd Kenyon, 1st Baron Kenyon 92

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