A Quote by Carl Schmitt

All law is situational law. The sovereign produces and guarantees the situation in its totality. He has the monopoly over this last decision.

Carl Schmitt

Quote Topics

Decision Guarantees Last Law Monopoly Over Produces Situation Situational Sovereign Totality

Quote Author

Carl Schmitt
German - Philosopher
July 11, 1888 - April 7, 1985

For those who have only to obey, law is what the sovereign commands. For the sovereign, in the throes of deciding what he ought to command, this view of law is singularly empty of light and leading. In the dispersed sovereignty of modern states, and especially in times of rapid social change, law must look to the future as well as to history and precedent, and to what is possible and right as well as to what is actual.

William Ernest Hocking

We are deeply concerned about the situation in Russia with regards to human rights. There are several examples of this situation, such as the new law requiring NGOs to register as "foreign agents", the law banning homosexual "propaganda", problems with the rule of law and arbitrary judicial processes, and court rulings against the opposition.

Cecilia Malmstrom

There is but one law for all, namely that law which governs all law, the law of our Creator, the law of humanity, justice, equity - the law of nature and of nations.

Edmund Burke

The Supreme Court, or any court, when they make a decision, if that's a published decision, it becomes virtually like a statute. Everybody is suppose to follow that law. Whether I decide to allow a law to become a law without my signature is simply in effect expressing a view that while I don't particularly care for this, the Legislature passed it, it was an overwhelming. vote, or maybe there were other reasons. But my decision not to sign doesn't have to be followed by everybody from that point on

George Deukmejian

A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.

Martin Luther

The law is equal before all of us; but we are not all equal before the law. Virtually there is one law for the rich and another for the poor, one law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid, and within family limits one law for the parent and no law at all for the child.

George Bernard Shaw

Thus, if there exists a law which sanctions slavery or monopoly, oppression or robbery, in any form whatever, it must not even be mentioned. For how can it be mentioned without damaging the respect which it inspires? Still further, morality and political economy must be taught from the point of view of this law; from the supposition that it must be a just law merely because it is a law. Another effect of this tragic perversion of the law is that it gives an exaggerated importance to political passions and conflicts, and to politics in general.

Frederic Bastiat

I wonder much that a court of Law should be in doubt whether a Resolution of Congress can superceed the Law of a Sovereign State.

William Whipple

If God is sovereign, then it is impossible for civil government to be neutral on issues of law. All law is based in some religious code.

Randall Terry

I have had to make a decision I may not agree with, but I am required to follow the letter of the law. It is not my job to think what is best... My responsibility is to decide what the law says and to decide to the law.

Charles T. Canady

The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.

David Souter

A bifurcation of loyalties that requires religious to put canon law above civil law and moral law puts us in a situation where the keepers of religion may themselves become one of the greatest dangers to the credibility - and the morality - of the church itself.

Joan D. Chittister

If a company is not a monopoly, then the law assumes market competition can restrain the company's actions. No problem. If a monopoly exists, but the monopoly does not engage in acts designed to destroy competition, then we can assume that it earned and is keeping its monopoly the pro-consumer way: by out-innovating its competitors.

Marvin Ammori

Law itself is either suspended, or regarded as an instrument that the state may use in the service of constraining and monitoring a given population; the state is not subject to the rule of law, but law can be suspended or deployed tactically and partially to suit the requirements of a state that seeks more and more to allocate sovereign power to its executive and administrative powers. The law is suspended in the name of "sovereignty" of the nation, where "sovereignty" denotes the task of any state to preserve and protect its own territoriality.

Judith Butler

No great idea in its beginning can ever be within the law. How can it be within the law? The law is stationary. The law is fixed. The law is a chariot wheel which binds us all regardless of conditions or place or time.