“Legal coercion is a course which the law allows.”

— Giles Rooke

Cox v. Morgan (1801), 1 Bos. & Pull. 410.

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Giles Rooke 6

British judge (1743-1808) 1743–1808

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“The idea of natural order, in effect, masks the state’s role. … Robert Hale … demonstrated the extent to which the distribution of income and wealth is the product of legal rules we choose to impose. Hale trained our attention on the foundational rules of property and contract law, showing how free, voluntary, compensated exchange is in fact a product of the legal coercion that the government establishes through its role in defining property rights.”

Bernard Harcourt (1963) American academic

Source: The Illusion of Free Markets: Punishment and the Myth of Natural Order (2011), p. 32

“If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. Legal process is an essential part of the democratic process.”

Felix Frankfurter (1882–1965) American judge

Concurring, United States v. United Mine Workers, 330 U.S. 312 (1946).
Judicial opinions

“If a man endeavours to obtain a repeal of those laws, which are conceived to be obnoxious, or the introduction of any laws which he believes to be salutary, if he does that legally, there is no objection to it.”

Sir John Bayley, 1st Baronet (1763–1841) British judge

1 St. Tr. (N. S.) 484.
Trial of Hunt and others (King v. Hunt) (1820)

“Concepts such as legal subject and legal object, legal relation and legal wrong, and indeed the very concept of law itself, are not accidental possessions of several or all legal orders but are necessary prerequisites if any legal order is to be understood as legal.”

Gustav Radbruch (1878–1949) German politician

Rechtsphilosophie (1932)

“A parent does not have the right to aggress against his children, but also that the parent should not have a legal obligation to feed, clothe, or educate his children, since such obligations would entail positive acts coerced upon the parent and depriving the parent of his rights. The parent therefore may not murder or mutilate his child, and the law properly outlaws a parent from doing so. But the parent should have the legal right not to feed the child, i. e., to allow it to die. The law, therefore, may not properly compel the parent to feed a child or to keep it alive. (Again, whether or not a parent has a moral rather than a legally enforceable obligation to keep his child alive is a completely separate question.) This rule allows us to solve such vexing questions as: should a parent have the right to allow a deformed baby to die (e. g., by not feeding it)? The answer is of course yes, following a fortiori from the larger right to allow any baby, whether deformed or not, to die.”

Murray N. Rothbard book The Ethics of Liberty

Though, as we shall see below, in a libertarian society the existence of a free baby market will bring such "neglect" down to a minimum.
Children and rights, p. 100
The Ethics of Liberty (1982)

“We respect law, when the law respects our needs. Whenever legality clashes with morality, legality should be opposed and morality should be upheld.”

Goparaju Ramachandra Rao (1902–1975) Indian activist

I Learn

“So what is government? Very simply, it is an agency of coercion. Of course, there are other agencies of coercion — such as the Mafia. So to be more precise, government is the agency of coercion that has ﬂags in front of its offices. Or to put it another way, government is society's dominant producer of coercion. The Mafia and independent bandits are merely fringe competitors — seeking to take advantage of the niches and nooks neglected by the government.”

Harry Browne (1933–2006) American politician and writer

Part One, chapter 2, page 12
1990s, Why Government Doesn't Work (1996)

“Freedom exalts power; and, as is always the collateral effect of increasing strength, tends to induce a spirit of liberality. Coercion stifles power, and engenders all selfish desires, and all the mean artifices of weakness. Coercion may prevent many transgressions; but it robs even actions which are legal of a portion of their beauty. Freedom may lead to many transgressions, but it lends even to vices a less ignoble form.”

Wilhelm Von Humboldt (1767–1835) German (Prussian) philosopher, government functionary, diplomat, and founder of the University of Berlin

Source: The Limits of State Action (1792), Ch. 8

“Sterile legalisms, the fetishism of law — otherwise known as the doctrine of positivism — have emerged as a serious impediment to a world order based on the rule of law, which must also be the rule of justice”

Alfred de Zayas (1947) American United Nations official

2018, Report submitted to the UN Human Rights Council

“Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.”

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

Osborn v. Bank of the United States, 22 U.S. (9 Wheaton) 738, 866 (1824)

“Legal coercion is a course which the law allows.”

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