A Quote by Cesare Beccaria
For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.
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For every criminal case, the judge must construct a perfect syllogism: the major premise must be the general law; the minor premise, whether or not the action in question is in compliance with the law; and the conclusion, acquittal or punishment.
Logic, n. The art of thinking and reasoning in strict accordance with the limitations and incapacities of the human misunderstanding. The basic of logic is the syllogism, consisting of a major and a minor premise and a conclusion - thus: Major Premise: Sixty men can do a piece of work sixty times as quickly as one man. Minor Premise: One man can dig a post-hole in sixty seconds; Therefore- Conclusion: Sixty men can dig a post-hole in one second. This may be called syllogism arithmetical, in which, by combining logic and mathematics, we obtain a double certainty and are twice blessed.
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.
People must be confident that a judge's decisions are determined by the law and only the law. He must be faithful to the Constitution and statutes passed by Congress. Fidelity to the Constitution and the law has been the cornerstone of my life and the hallmark of the kind of judge I have tried to be.
SYLLOGISM, n. A logical formula consisting of a major and a minor assumption and an inconsequent.
I certainly would not vote against a particular judge already in office because of a decision in a case. You may not agree with a judge's decision, but the judge must act within the law.
The law is a gun, which if it misses a pigeon always kills a crow; if it does not strike the guilty, it hits someone else. As every crime creates a law, so in turn every law creates a crime.
Since natural law was thought to be accessible to the ordinary man, the theory invited each juror to inquire for himself whether a particular rule of law was consonant with principles of higher law. This view is reflected in John Adams' statement that it would be an 'absurdity' for jurors to be required to accept the judge's view of the law, 'against their own opinion, judgment, and conscience.'
No person shall be restrained of his liberty but by regular process from a court of justice, authorized by a general law. . . . On complaint of an unlawful imprisonment to any judge whatsoever, he shall have the prisoner immediately brought before him and shall discharge him if his imprisonment be unlawful. The officer in whose custody the prisoner is shall obey the order of the judge, and both judge and officer shall be responsible civilly and criminally for a failure of duty herein.
Technology enables consumers and investors to have extraordinary choice and ease of switching, which, in turn, stimulates much fiercer competition than ever before, which, in turn, makes it imperative for every institution to innovate like mad. That innovation is powering our economy these days, and it requires companies to find and utilize creative workers. That's the most important syllogism going; technology is embedded in that syllogism, but it's not as if we're seeing these productivity gains because of the technology.
I am sure from my experience of juries that, in a criminal case especially, they will obey the law as declared by the Judge; they will take the law from the Judge, whether they like it or do not like it, and apply it honestly to the facts before them.
I wouldn't approach the issue of judging in the way the president does. Judges can't rely on what's in their heart. They don't determine the law. Congress makes the law. The job of a judge is to apply the law.
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.
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.
In the strict formulation of the law of causality—if we know the present, we can calculate the future—it is not the conclusion that is wrong but the premise.
On an implication of the uncertainty principle.
[Barack] Obama's executive amnesty has been frozen via a stay by a judge on the appellate court. You remember, this is the judge that discovered the Defense Department lawyers were lying to him in open court, and instead of actually sanctioning them, he demanded that they go to a new ethics course to learn the proper behavior and decorum and the law in court, that you just can't lie with impunity to a judge.
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