Quotes about statute (125 quotes, page 2)

“I am often asked what it was like to be a woman clerking for Justice Scalia. “Much like being a man clerking for him” is my easy answer. Justice Scalia believed in one simple principle: That law came to the court as an is not an ought. Statutes, cases and the Constitution were to be read for what they said, not for what the judges wished they would say. Each of his opinions needed to conform to that principle and to be written clearly, forcefully and accurately. If you could help him with that, you were useful to him. If not, then not. When we were working, we sometimes joked that he could not even remember our names.”

Joan Larsen (1968) United States Circuit Judge for the Sixth Circuit

What I Learned From Justice Scalia https://www.nytimes.com/2016/02/16/opinion/what-i-learned-from-justice-scalia.html?_r=0 (February 16, 2016)

Justice , Law , Reading , Help

“The statute in question cannot be justified by reason of the fact that the publisher is permitted to show, before injunction issues, that the matter published is true and is published with good motives and for justifiable ends. If such a statute, authorizing suppression and injunction on such a basis, is constitutionally valid, it would be equally permissible for the legislature to provide that at any time the publisher of any newspaper could be brought before a court, or even an administrative officer (as the constitutional protection may not be regarded as resting on mere procedural details) and required to produce proof of the truth of his publication, or of what he intended to publish, and of his motives, or stand enjoined. If this can be done, the legislature may provide machinery for determining in the complete exercise of its discretion what are justifiable ends, and restrain publication accordingly. And it would be but a step to a complete system of censorship.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

Truth , Exercises , Motivation , Question

“Erring, I wandered in the wilderness,
In passion's grave nigh sinking, powerless;
Now deeply I repent, in sore distress,
That I kept not the statutes of the King!”

Ramban (1194–1270) Spanish rabbi and scholar

Poem My King trans. Alice Lucas

Passion

“The statute is like a tyrant; where he comes he makes all void; but the common law is like a nursing father, makes only void that part where the fault is, and preserves the rest.”

Sir Henry Hobart, 1st Baronet (1554–1625) English politician

Quoted by Sir Thomas Twisden, 1st Baronet, C.J., in Maleverer v. Redshaw (1670), 1 Mod. Rep. 36 ; and by Wilmot, L.C.J., in Collins v. Blantern (1767), 2 Wils. 351.

Law , Parting

“Bind not the new statutes so to the common law, that their words increased for the King's advantage, should be deprived of their force.”

Sir Henry Hobart, 1st Baronet (1554–1625) English politician

Lord Hobart's Rep. 341.
Sheffield v. Ratcliffe (1615)

Law

“To deny one's self, to take up the cross, denotes something immeasurably grander than self-imposed penance or rigid conformity to a Divine statute. It is the surrender of self to an ennobling work, an absolute subordination of personal advantages and of personal pleasures for the sake of truth and the welfare of others, and a willing acceptance of every disability which their interests may entail.”

George C. Lorimer (1838–1904) American minister

Source: Dictionary of Burning Words of Brilliant Writers (1895), P. 169.

Pleasure , Truth , Personality

“Constitutional statutes … which embody the settled public opinion of the people who enacted them and whom they are to govern — can always be enforced. But if they embody only the sentiments of a bare majority, pronounced under the influence of a temporary excitement, they will, if strenuously opposed, always fail of their object; nay, they are likely to injure the cause they are framed to advance.”

Rutherford B. Hayes (1822–1893) American politician, 19th President of the United States (in office from 1877 to 1881)

Diary (17 February 1882)
Diary and Letters of Rutherford Birchard Hayes (1922 - 1926)

People

“The practice of creating chartered joint-stock companies of a modern type seems to have begun at the commencement of the seventeenth century; and the formation of the East India Company is one of the earliest, if not the very earliest, examples. At first, it appears, the 'joint stock' of the company was separately made up for each ship; perhaps for each voyage. But, in the year 1612 the Company made the momentous resolve to have one joint stock for the whole of its affairs, and thus inaugurated a new epoch. The East India Company, or Companies, (for there were two of them), were followed by the Hudson's Bay Company (1670), the existence of which was recognized by statute in 1707, and by the Bank of England and the notorious South Sea Company.”

Edward Jenks (1861–1939) British legal scholar

Source: A Short History Of The English Law (First Edition) (1912), Chapter XVI, New Forms Of Personal Property, p. 287

Appearance , Sea

“Destruction, violence, ravages, murder, are perpetrated by statute law.”

Elbert Hubbard (1856–1915) American writer, publisher, artist, and philosopher fue el escritor del jarron azul

The Better Part (1901)
Context: I AM an Anarchist.
All good men are Anarchists.
All cultured, kindly men; all gentlemen; all just men are Anarchists.
Jesus was an Anarchist.
A Monarchist is one who believes a monarch should govern. A Plutocrat believes in the rule of the rich. A Democrat holds that the majority should dictate. An Aristocrat thinks only the wise should decide; while an Anarchist does not believe in government at all. Richard Croker is a Monarchist; Mark Hanna a Plutocrat; Cleveland a Democrat; Cabot Lodge an Aristocrat; William Penn, Henry D. Thoreau, Bronson Alcott and Walt Whitman were Anarchists. An Anarchist is one who minds his own business. An Anarchist does not believe in sending warships across wide oceans to kill brown men, and lay waste rice fields, and burn the homes of people who are fighting for liberty. An Anarchist does not drive women with babes at their breasts and other women with babes unborn, children and old men into the jungle to be devoured by beasts or fever or fear, or die of hunger, homeless, unhouseled and undone.
Destruction, violence, ravages, murder, are perpetrated by statute law..

Law

“All their life was spent not in laws, statutes, or rules, but according to their own free will and pleasure. They rose out of their beds when they thought good : they did eat, drink, labour, sleep, when they had a mind to it, and were disposed for it. None did awake them, none did offer to constrain them to eat, drink, nor to do any other thing; for so had Gargantua established it. In all their rule, and strictest tie of their order, there was but this one clause to be observed,
DO WHAT THOU WILT.
Because men that are free, well-born, well-bred, and conversant in honest companies, have naturally an instinct and spur that prompteth them unto virtuous actions, and withdraws them from vice, which is called honour. Those same men, when by base subjection and constraint they are brought under and kept down, turn aside from that noble disposition, by which they formerly were inclined to virtue, to shake off and break that bond of servitude, wherein they are so tyrannously enslaved; for it is agreeable with the nature of man to long after things forbidden, and to desire what is denied us.”

Francois Rabelais book Gargantua and Pantagruel

Source: Gargantua and Pantagruel (1532–1564), Gargantua (1534), Ch. 57 : How the Thelemites were governed, and of their manner of living; the famous dictum of the abbey of Theleme presented here, "Do what thou wilt" (Fais ce que voudras), evokes an ancient expression by St. Augustine of Hippo: "Love, and do what thou wilt." The expression of Rabelais was later used by the Hellfire Club established by Sir Francis Dashwood, and by Aleister Crowley in his The Book of the Law (1904): "Do what thou wilt shall be the whole of the Law."
Chapter 58 : A prophetical Riddle.

Life , Men , Pleasure , Law

“If that statute had been enforced, that science would not now be the property of the human mind. That science is contrary to the Bible, and for asserting the truth you become a criminal.”

Robert G. Ingersoll (1833–1899) Union United States Army officer

The trial of Charles B. Reynolds for blasphemy (1887)
Context: We have now a science called astronomy. That science has done more to enlarge the horizon of human thought than all things else. We now live in an infinite universe. We know that the sun is a million times larger than our earth, and we know that there are other great luminaries millions of times larger than our sun. We know that there are planets so far away that light, traveling at the rate of one hundred and eighty- five thousand miles a second, requires fifteen thousand years to reach this grain of sand, this tear, we call the earth -- and we now know that all the fields of space are sown thick with constellations. If that statute had been enforced, that science would not now be the property of the human mind. That science is contrary to the Bible, and for asserting the truth you become a criminal. For what sum of money, for what amount of wealth, would the world have the science of astronomy expunged from the brain of man? We learned the story of the stars in spite of that statute.

Truth , Science

“Gentlemen, you can never make me believe — no statute can ever convince me, that there is any infinite Being in this universe who hates an honest man. It is impossible to satisfy me that there is any God, or can be any God, who holds in abhorrence a soul that has the courage to express his thought.”

Robert G. Ingersoll (1833–1899) Union United States Army officer

The trial of Charles B. Reynolds for blasphemy (1887)
Context: Gentlemen, you can never make me believe — no statute can ever convince me, that there is any infinite Being in this universe who hates an honest man. It is impossible to satisfy me that there is any God, or can be any God, who holds in abhorrence a soul that has the courage to express his thought. Neither can the whole world convince me that any man should be punished, either in this world or in the next, for being candid with his fellow-men. If you send men to the penitentiary for speaking their thoughts, for endeavoring to enlighten their fellows, then the penitentiary will become a place of honor, and the victim will step from it — not stained, not disgraced, but clad in robes of glory.
Let us take one more step.
What is holy, what is sacred? I reply that human happiness is holy, human rights are holy. The body and soul of man — these are sacred. The liberty of man is of far more importance than any book; the rights of man, more sacred than any religion — than any Scriptures, whether inspired or not.
What we want is the truth, and does any one suppose that all of the truth is confined in one book — that the mysteries of the whole world are explained by one volume?
All that is — all that conveys information to man — all that has been produced by the past — all that now exists — should be considered by an intelligent man. All the known truths of this world — all the philosophy, all the poems, all the pictures, all the statues, all the entrancing music — the prattle of babes, the lullaby of mothers, the words of honest men, the trumpet calls to duty — all these make up the bible of the world — everything that is noble and true and free, you will find in this great book.
If we wish to be true to ourselves, — if we wish to benefit our fellow-men — if we wish to live honorable lives — we will give to every other human being every right that we claim for ourselves.

God , Hate , Soul , Courage

“A Constitution is not intended to embody a particular economic theory... It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.”

Oliver Wendell Holmes Jr. (1841–1935) United States Supreme Court justice

198 U.S. at 76.
1900s, Lochner v. New York, 198 U.S. 45 (1905)

People , Question , Nature

“I am entitled to say of that opinion what any discriminating reader must think of it — that it was as foggy as the statute the Attorney General was asked to interpret.”

Robert H. Jackson (1892–1954) American judge

Reviewing a position that Jackson had taken as Attorney General, which he now felt should be overruled. McGrath v. Kristensen, 340 U.S. 162, 176 (1950) (concurring)
Judicial opinions

Thinking

“One half of the people of this Nation today are utterly powerless to blot from the statute books an unjust law, or to write a new and just one.”

Susan B. Anthony (1820–1906) American women's rights activist

Address given in towns of Ontario county, prior to her trial, quoted in "An account of the proceedings on the trial of Susan B. Anthony, on the charge of illegal voting, at the presidential election in Nov. 1872, and on the trial of Beverly W. Jones, Edwin T. Marsh and William B. Hall, the inspectors of election by whom her vote was received." (1873) http://memory.loc.gov/cgi-bin/query/r?ammem/naw:@field(DOCID+@lit(rbnawsan2152div13)); also quoted in Great American Trials: 201 Compelling Courtroom Dramas (1994) by Edward W. Knappman, p. 167
Context: We no longer petition legislature or Congress to give of the right to vote, but appeal to women everywhere to exercise their too long neglected "citizen's right" … We assert the province of government to be to secure the people in the enjoyment of their unalienable rights. We throw to the winds the old dogma that governments can give rights. The Declaration of Independence, the United States Constitution the constitutions of the several states … propose to protect the people in the exercise of their God-given rights. Not one of them pretends to bestow rights. … One half of the people of this Nation today are utterly powerless to blot from the statute books an unjust law, or to write a new and just one. The women, dissatisfied as they are with this form of government, that enforces taxation without representation — that compels them to obey laws to which they have never given their consent — that imprisons and hangs them without a trial by a jury of their peers — that robs them, in marriage of the custody of their own persons, wages, and children—are this half of the people left wholly at the mercy of the other half.

People , Books , Law

“I should concur in this result more readily if the Court could reach it by analysis of the statute instead of by psychoanalysis of Congress. When we decide from legislative history, including statements of witnesses at hearings, what Congress probably had in mind, we must put ourselves in the place of a majority of Congressmen and act according to the impression we think this history should have made on them. Never having been a Congressman, I am handicapped in that weird endeavor. That process seems to me not interpretation of a statute but creation of a statute.”

Robert H. Jackson (1892–1954) American judge

United States v. Public Utilities Commission, 345 U.S. 295, 319 (1953) (concurring)
Judicial opinions

History , Thinking

“Philosophy may have gained by the attempts in recent years to look through the fiction to the fact and to generalize corporations, partnerships, and other groups into a single conception. But to generalize is to omit, and, in this instance, to omit one characteristic of the complete corporation, as called into being under modern statutes, that is most important in business and law.”

Oliver Wendell Holmes Jr. (1841–1935) United States Supreme Court justice

Donnell v. Herring-Hall-Marvin Safe Co., 208 U.S. 267, 273 (1908).
1900s

Law , Business , Partnership

“Then again, the term “Jew” meant nothing to the fourteen-year-old Dora. When it came down to it, what did people understand by the term “Jew”? For himself, he never gave it a thought. He was used to being put into this or that category by the authorities. Unskilled labourer. Ex –Austrian. French legionnaire. Non- suspect. Ex-serviceman 100% disabled. Foreign statute labourer. Jew.”

Patrick Modiano (1945) French writer

Source: The Search Warrant (2000), p. 43
Context: Then again, the term “Jew” meant nothing to the fourteen-year-old Dora. When it came down to it, what did people understand by the term “Jew”? For himself, he never gave it a thought. He was used to being put into this or that category by the authorities. Unskilled labourer. Ex –Austrian. French legionnaire. Non- suspect. Ex-serviceman 100% disabled. Foreign statute labourer. Jew.

People , Understanding

“The people are not satisfied with any form of government, or statute law, until it comes up to their sense of justice; so every progressive State revises its statutes from time to time, and at each revision comes nearer to the absolute right which human nature demands.”

Theodore Parker (1810–1860) abolitionist

Ten Sermons of Religion (1853), III : Of Justice and the Conscience https://en.wikisource.org/wiki/Ten_Sermons_of_Religion/Of_Justice_and_the_Conscience
Context: The people are not satisfied with any form of government, or statute law, until it comes up to their sense of justice; so every progressive State revises its statutes from time to time, and at each revision comes nearer to the absolute right which human nature demands. Mankind, always progressive, revolutionizes constitutions, changes and changes, seeking to come close to the ideal justice, the divine and immutable law of the world, to which we all owe fealty, swear how we will.

People , Justice , Law , Nature

“What happens to all the laws placed on the statute book? If half the hopes of their promoters had been realised, would not the millennium have arrived ere this?”

Stanley Baldwin (1867–1947) Former Prime Minister of the United Kingdom

The John Clifford Lecture at Coventry (14 July 1930), published in This Torch of Freedom (1935), p. 46.
1930
Context: There is a saying as old as the Greeks that it is more important to form good habits than to frame good laws. There is an undercurrent of suspicion that this is true and that, like patriotism, legislation is not enough. The hopes held out when laws are framed are not always realised when laws are passed... What happens to all the laws placed on the statute book? If half the hopes of their promoters had been realised, would not the millennium have arrived ere this?

Books , Law , Hope

“I would rather, much rather, be illegitimate according to the statutes of men, than illegitimate according to the unchanging law of Nature.”

Voltairine de Cleyre (1866–1912) American anarchist writer and feminist

Sex Slavery (1890)
Context: O height and depth of purity, which fears so much that the children will not know who their fathers are, because, forsooth, they must rely upon their mother's word instead of the hired certification of some priest of the Church, or the Law! I wonder if the children would be improved to know what their fathers have done. I would rather, much rather, not know who my father was than know he had been a tyrant to my mother. I would rather, much rather, be illegitimate according to the statutes of men, than illegitimate according to the unchanging law of Nature.

Men , Law , Nature

“I have endeavoured to steer a middle course between the general verbosity of our English statutes, and the extreme brevity of the French criminal code. ... In the bills I have the honour of submitting to the House, a middle course has been steered between the redundancy of our own legal enactments, and the conciseness of the French code.”

Robert Peel (1788–1850) British Conservative statesman

Speech https://api.parliament.uk/historic-hansard/commons/1827/mar/13/criminal-laws-consolidation-bills#column_1156 in the House of Commons (13 March 1827) on the consolidation of the criminal law
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