A Quote by Gerry Spence
The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power, in power.
Related Quotes
In a democracy - even if it is a so-called democracy like our white-?litist one - the greatest veneration one can show the rule of law is to keep a watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the law.
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.
Revealingly, the central function of the Constitution as law--the supreme law--was to impose limitations not on the behavior of ordinary citizens but on the federal government. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the Bill of Rights is little more than a description of the lines that the most powerful political officials are barred from crossing, even if they have the power to do so and even when the majority of citizens might wish them to do so.
So long as we only believe in the justice of the state, of the law-made by those in power, to serve those in power-so long will we continue to be exploited by those in power.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom.
China has not established the rule of law and if there is a power above the law there is no social justice. Everybody can be subjected to harm. I'm just a citizen: my life is equal in value to any other. But I'm thankful that when I lost my freedom so many people shared feelings and put such touching effort into helping me.
It is after you have realized that there is a real Moral Law, and a Power behind the law, and that you have broken that law and put yourself wrong with that Power -- it is after all this, and not a moment sooner, that Christianity begins to talk.
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.
It is true that power corrupts. The hope at the polling stations and the actions of the elected representatives, unfortunately, often turn to be opposite. The power of ballot turns into the power of wallet. Some law-makers become law-breakers.
The law on the side of freedom is of great advantage only when there is power to make that law respected.
I do not believe it is the function of the judiciary to step in and change the law because the times have changed. I do well understand the difference between legislating and judging. As a judge, it is not my function to develop public policy.
Through the infinite Atonement, God has provided a means whereby we can both overcome our sins and become completely clean again. This is made possible by the eternal law of mercy. Mercy satisfies the claims of justice through our repentance and the power of the Atonement. Without the power of the Atonement and our complete repentance, we are subject to the law of justice.
But by this time I was acutely conscious of the gap between law and justice. I knew that the letter of the law was not as important as who held the power in any real-life situation.
... we are obliged to produce the truth by the power that demands truth and needs it in order to function: we are constrained, we are condemned to admit the truth or to discover it. Power constantly asks questions and questions us; it constantly investigates and records; it institutionalizes the search for the truth, professionalizes it, and rewards it. ... In a different sense, we are also subject to the truth in the sense that truth lays down the law: it is the discourse of truth that decides, at least in part; it conveys and propels effects of power.
Newton's law is nothing but the statistics of gravitation, it has no power whatever.
Let us get rid of the idea of power from law altogether. Call law tabulation of facts, expression of facts, or what you will; anything rather than suppose that it either explains or compels.
The study of law can be disappointing at times, a matter of applying narrow rules and arcane procedure to an uncooperative reality; a sort of glorified accounting that serves to regulate the affairs of those who have power--and that all too often seeks to explain, to those who do not, the ultimate wisdom and justness of their condition. But that's not all the law is. The law is also memory; the law also records a long-running conversation, a nation arguing with its conscience.
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