A Quote by Maria Edgeworth
The law, in our case, seems to make the right; and the very reverse ought to be done - the right should make the law.
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In war, in some sense, lies the very genius of law. It is law creative and active; it is the first principle of the law. What is human warfare but just this, - an effort to make the laws of God and nature take sides with one party. Men make an arbitrary code, and, because it is not right, they try to make it prevail by might. The moral law does not want any champion. Its asserters do not go to war. It was never infringed with impunity. It is inconsistent to decry war and maintain law, for if there were no need of war there would be no need of law.
Ideological warriors whether from the Left or the Right are bad news for the bench. They tend to make law, not interpret law. And that's not what any of us should want from our judges.
I always knew it'd be difficult to balance the right of privacy and the right of free speech. I think that is a tension that we've seen in court case after court case and law after law. And we always strive to find that right balance.
Supreme Court nominees should know without any doubt that their job is not to impose their own personal opinions of what is right and wrong, but to say what the law is, rather than what they personally think the law ought to be.
The industrial and social injustice of our era is the tragic aftermath of democracy's overemphasis on freedom as the "right to do whatever you please." No, freedom means the right to do what you ought, and ought implies law, and law implies justice, and justice implies God. So too in war, a nation that fights for freedom divorced from justice has no right to war, because it does not know why it wants to be free, or why it wants anyone else to be free.
It is far more important the law should be administered with absolute integrity, than that in this case or in that the law should be a good law or a bad one.
A year ago Guyana became politically free and independent. She assumed the untrammeled right to make her own decisions on what ought to be done or ought not to be done within her border. Since then, hers has also been the right to decide what course she would take and to state her views and opinions positively in the fora of the world. As we celebrate the first anniversary of freedom, it is our duty to take account of what we have achieved or what we have failed to do, to note where we have done well and what we ought to have done better.
You may be surprised to learn that, in our law, although the fetus is currently without the right to life, it does have some rights. For instance, under civil law, the unborn child has the right to inherit part of his father's estate should his father die before he is born, and he has the right to sue his Mother, or a doctor, for injuiries sustained while in the womb.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
We make a big mistake when we conclude that the law is the answer to bad behavior. In fact, the law alone stirs up more of such behavior. People get worse, not better, when you lay down the law. To be sure, the Spirit does use both God's law and God's gospel in our sanctification. But the law and the gospel do very different things.
Thus rhetoric, it seems, is a producer of persuasion for belief, not for instruction in the matter of right and wrong ... And so the rhetorician's business is not to instruct a law court or a public meeting in matters of right and wrong, but only to make them believe.
I believe abortion should be safe and legal in this country. I believe that since Roe v Wade has been the law for 20 years that we should sustain and support it. And I sustain and support that law and the right of a woman to make that choice. We can believe what we want, but will will not force our beliefs on others on that matter. And you will not see me waivering on that.
I think Obama is right when he talks about the rule of law as a cornerstone of what the United States should stand for. That can encompass our elected officials' adherence to law and our country's return to the Geneva Conventions.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
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