The Foundations of Leninism
“Where there is independence there must be the normal law.”
Source: Enigmas Of Chance (1985), Chapter 4, On Toast!, p. 90.
“Fictions of law must be consistent with justice.”
Whitaker v. Wisbey (1852), 6 Cox, C. C. 111.
In Quest of Democracy (1991)
Context: The words 'law and order' have so frequently been misused as an excuse for oppression that the very phrase has become suspect in countries which have known authoritarian rule. [... ] There is no intrinsic virtue to law and order unless 'law' is equated with justice and 'order' with the discipline of a people satisfied that justice has been done. Law as an instrument of state oppression is a familiar feature of totalitarianism. Without a popularly elected legislature and an independent judiciary to ensure due process, the authorities can enforce as 'law' arbitrary decrees that are in fact flagrant negations of all acceptable norms of justice. There can be no security for citizens in a state where new 'laws' can be made and old ones changed to suit the convenience of the powers that be. The iniquity of such practices is traditionally recognized by the precept that existing laws should not be set aside at will.
Book I, 1253a.31
Politics
1950s, Second Inaugural Address (1957)
Context: We look upon this shaken Earth, and we declare our firm and fixed purpose — the building of a peace with justice in a world where moral law prevails. The building of such a peace is a bold and solemn purpose. To proclaim it is easy. To serve it will be hard. And to attain it, we must be aware of its full meaning — and ready to pay its full price. We know clearly what we seek, and why. We seek peace, knowing that peace is the climate of freedom. And now, as in no other age, we seek it because we have been warned, by the power of modern weapons, that peace may be the only climate possible for human life itself. Yet this peace we seek cannot be born of fear alone: it must be rooted in the lives of nations. There must be justice, sensed and shared by all peoples, for, without justice the world can know only a tense and unstable truce. There must be law, steadily invoked and respected by all nations, for without law, the world promises only such meager justice as the pity of the strong upon the weak. But the law of which we speak, comprehending the values of freedom, affirms the equality of all nations, great and small. Splendid as can be the blessings of such a peace, high will be its cost: in toil patiently sustained, in help honorably given, in sacrifice calmly borne.
Letter http://press-pubs.uchicago.edu/founders/documents/a1_8_18s16.html to Judge Spencer Roane (6 September 1819)
1810s
Context: It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law.
28 May 1794
On the Impeachment of Warren Hastings (1788-1794)
Source: 2010s, Gettysburg: The Last Invasion (2013), p. xviii
Quoted in Chicano Power: The Emergence of Mexican America by Tony Castro, ISBN 0841503214.
