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Life, faculties, production- in other words, individuality, liberty, property- this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it. Life, liberty and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.
The wheel of the Good Law moves swiftly on. It grinds by night and day. The worthless husks it drives from out the golden grain, the refuse from the flour. The hand of fate guides the wheel; the revolutions mark the beatings of the heart of manifestation.
This Law -- whether Conscious or Unconscious --predestines nothing and no one. It exists from and in Eternity, truly, for it is ETERNITY itself; and as such, since no act can be co-equal with eternity, it cannot be said to act, for it is ACTION itself...Karma creates nothing, nor does it design. It is man who plans and creates causes, and Karmic law adjusts the effects; which adjustment is not an act, but universal harmony, tending ever to resume its original position.
"It is an honorable calling that you have chosen. Some of you will soon be defending poor, helpless insurance companies who are constantly being sued by greedy, vicious widows and orphans trying to collect on their policies. Others will work tirelessly to protect frightened, beleaguered oil companies from being attacked by depraved consumer groups."
-Art Buchwald, commencement address, Tulane University School of Law
I knew a very wise man of Sir Christopher Musgrave’s sentiment. He believed, if a man were permitted to make all the ballads, he need not care who should make the laws.
-Andrew Fletcher, Works--Letters to the Marquis of Montrose (p. 266), 1703
Legislation, both statutory and constitutional, is enacted, it is true, from an experience of evils but its general language should not, therefore, be necessarily confined to the form that evil had theretofore taken. Time works changes, brings into existence new conditions and purposes. Therefore a principle, to be vital, must be capable of wider application than the mischief which gave it birth. This is peculiarly true of constitutions. They are not ephemeral enactments, designed to meet passing occasions. They are, to use the words of Chief Justice Marshall, 'designed to approach immortality as nearly as human institutions can approach it.' The future is their care, and provision for events of good and bad tendencies of which no prophecy can be made. In the application of a constitution, therefore, our contemplation cannot be only of what has been, but of what may be. Under any other rule a constitution would indeed be as easy of application as it would be deficient in efficacy and power. Its general principles would have little value, and be converted by precedent into impotent and lifeless formulas. Rights declared in words might be lost in reality. And this has been recognized. The meaning and vitality of the Constitution have developed against narrow and restrictive construction.
Laws are often made by fools, and even more often by men who fail in equity because they hate equality: but always by men, vain authorities who can resolve nothing.
Laws gain their authority from actual possession and custom: it is perilous to go back to their origins; laws, like our rivers, get greater and nobler as they roll along: follow them back upstream to their sources and all you find is a tiny spring, hardly recognizable; as time goes by it swells with pride and grows in strength.
All "public interest" legislation (and any distribution of money taken by force from some men for the unearned benefit of others) comes down ultimately to the grant of an undefined undefinable, non-objective, arbitrary power to some government officials. The worst aspect of it is not that such a power can be used dishonestly, but that it cannot be used honestly. The wisest man in the world, with the purest integrity, cannot find a criterion for the just, equitable, rational application of an unjust, inequitable, irrational principle.
Compared to them I’m an amateur, and the thing about my jokes is that they don’t hurt anybody. You can say they’re not funny or they’re terrible or they’re good or whatever it is, but they don’t do no harm. But with Congress—every time they make a joke it’s a law. And every time they make a law it’s a joke.
"A man who never graduated from school might steal from a freight car. But a man who attends college and graduates as a lawyer might steal the whole railroad."
-Theodore Roosevelt, (attempting to persuade his son to become a lawyer)
"The Roman Republic fell, not because of the ambition of Caesar or Augustus, but because it had already long ceased to be in any real sense a republic at all. When the sturdy Roman plebeian, who lived by his own labor, who voted without reward according to his own convictions, and who with his fellows formed in war the terrible Roman legion, had been changed into an idle creature who craved nothing in life save the gratification of a thirst for vapid excitement, who was fed by the state, and who directly or indirectly sold his vote to the highest bidder, then the end of the republic was at hand, and nothing could save it. The laws were the same as they had been, but the people behind the laws had changed, and so the laws counted for nothing."
There is something servile in the habit of seeking after a law which we may obey. We may study the laws of matter at and for our convenience, but a successful life knows no law. It is an unfortunate discovery certainly, that of a law which binds us where we did not know before that we were bound. Live free, child of the mist--and with respect to knowledge we are all children of the mist. The man who takes the liberty to live is superior to all the laws, by virtue of his relation to the lawmaker. "That is active duty," says the Vishnu Purana, "which is not for our bondage; that is knowledge which is for our liberation: all other duty is good only unto weariness; all other knowledge is only the cleverness of an artist."
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Books about Law
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