A Quote by Luther L. Bohanon

"...arbitrary, capricious, an abuse of discretion, and as a matter of law, unsupportable."

Luther L. Bohanon

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Abuse Arbitrary Capricious Discretion Law Matter

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Luther L. Bohanon
August 9, 1902 - July 18, 2003

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

Equality before the law in a true democracy is a matter of right. It cannot be a matter of charity or of favor or of grace or of discretion.

Wiley Blount Rutledge

Insecurity must follow the transfer of responsibility from self to others, particularly when transferred to arbitrary and capricious government. Genuine security is a matter of self-responsibility, based on the right to the fruits of one's own labor and freedom to trade.

Leonard Read

Though this motion for a new trial is an application to the discretion of the Court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. And that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for the practice of the Court forms the law of the Court.

Sherrilyn Kenyon

The intelligent ruler makes the law select men and makes no arbitrary appointment himself; he makes the law measure merits and makes no arbitrary judgment himself.

Han Fei

The essence of tyranny is not iron law. It is capricious law.

Christopher Hitchens

Einstein repeatedly argued that there must be simplified explanations of nature, because God is not capricious or arbitrary. No such faith comforts the software engineer.

Fred Brooks

It is true, that a Law of Contract based on causae will always be an arbitrary and inelastic law; but it is a kind of law with which some great nations are satisfied at the present day.

Edward Jenks

Life is ruthless, and its bestowal of fortune arbitrary and capricious. I'd been born to morons, and mine was a shabby life.

M. J. Hyland

Because the Illinois death penalty system is arbitrary and capricious - and therefore immoral - I no longer shall tinker with the machinery of death.

George Ryan

It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.

Edmund Burke

Not to be offensive, not to be capricious, not to be arbitrary, not to be neurotic, not to be an actor outer, you're just trying to get in and you're given so little time to get in gently, but it's always hard.

William Hurt

No officer should be allowed to behave as if they are above the law just because they are responsible for upholding the law. Permitting and protecting even the smallest acts of abuse by a tiny fraction of our officers leads to a culture where extreme acts of abuse are more likely, just like what happened to Laquan McDonald.

Rahm Emanuel

The law is an artificial human construct, quite arbitrary, and of absolutely no use anywhere else but in a court of law!

John Quincy Adams

I have a theory that all abuse, no matter what kind of abuse it is, is foremost an assault on the mind.

Tara Westover

Lawsuits are rare and catastrophic experiences for the vast majority of men, and even when the catastrophe ensues, the controversy relates most often not to the law, but to the facts. In countless litigations, the law Is so clear that judges have no discretion.

Benjamin N. Cardozo

A Quote by Luther L. Bohanon

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