A Quote by Aristotle
In seeking for justice men seek for the mean or neutral, for the law is the mean. Again, customary laws have more weight, and relate to more important matters, than written laws, and a man may be a safer ruler than the written law, but not safer than the customary law.
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Daily the Negro is coming more and more to look upon law and justice, not as protecting safeguards, but as sources of humiliation and oppression. The laws are made by men who have little interest in him; they are executed by men who have absolutely no motive for treating the black people with courtesy or consideration; and, finally, the accused law-breaker is tried, not by his peers, but too often by men who would rather punish ten innocent Negroes than let one guilty one escape.
There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
When the code of laws is once fixed, it should be observed in the literal sense, and nothing more is left to the judge than to determine whether an action is or is not conformable to the written law.
The First and Fourteenth Amendments say that Congress and the States shall make "no law" which abridges freedom of speech or of the press. In order to sanction a system of censorship I would have to say that "no law" does not mean what it says, that "no law" is qualified to mean "some" laws. I cannot take this step.
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.
The laws of the marketplace are physical laws, and they don't become suspended in a crisis any more than the law of gravity does.
In today’s world, however, the number of children in a family is a matter of profound public concern. The law regulates other highly personal matters. For example, no one may lawfully have more than one spouse at a time. Why should the law not be able to prevent a person from having more than two children?
Certain laws have not been written, but they are more fixed than all the written laws.
A strict observance of the written laws is doubtless one of the highest virtues of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means.
Man has made 32 million laws since THE COMMANDMENTS were handed down to Moses on Mount Sinai more than three thousand years ago, but he has never improved on God's law. THE TEN COMMANDMENTS are the principles by which man may live with God and man may live with man. They are the expressions of the mind of God for His creatures. They are the charter and guide of human liberty, for there can be no liberty without the law.
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.
Your thought describes laws, courts, judges, punishments. Mine explains that when man makes a law, he either violates it or obeys it. If there is a basic law, we are all one before it. He who disdains the mean is himself mean. He who vaunts his scorn of the sinful vaunts his disdain of all humanity.
When we ask Negroes to abide by the law, let us also declare that the white man does not abide by law in the ghettos. Day in and day out he violates welfare laws to deprive the poor of their meager allotments; he flagrantly violates building codes and regulations; his police make a mockery of law; he violates laws on equal employment and education and the provisions of civil services. The slums are the handiwork of a vicious system of the white society; Negroes live in them, but they do not make them, any more than a prisoner makes a prison.
For complex reasons, our culture allows "economy" to mean only "money economy." It equates success and even goodness with monetary profit because it lacks any other standard of measurement. I am no economist, but I venture to suggest that one of the laws of such an economy is that a farmer is worth more dead than alive. A second law is that anything diseased is more profitable than anything that is healthy. What is wrong with us contributes more to the "gross national product" than what is right with us.
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.
Frequently you have a clash between the more sterile letter of the law and the justice that underlies it, and I think one of the things I've been trying more or less, where it was possible, is to go with the justice rather than the letter of the law.
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