A Quote by John Adams
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.'
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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.
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.
The rule of law does not guarantee freedom, since general law as well as personal edicts can be tyrannical. But increasing reliance on the rule of law clearly played a major role in transforming Western society from a world in which the ordinary citizen was literally subject to the arbitrary will of his master to a world in which the ordinary citizen could regard himself as his own master
The very idea of law originates in men's natural rights. There is no other standard, than natural rights, by which civil law can be measured. Law has always been the name of that rule or principle of justice, which protects those rights. Thus we speak of natural law.
That, if the Gentiles, (whom no Law inspir'd,)
By Nature did what was by Law requir'd;
They, who the written Rule and never known,
Were to themselves both Rule and Law alone:
To Natures plain Indictment they shall plead;
And, by their Conscience, be condemn'd or freed.
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.
Good and wise men, in all ages, have embraced a very dissimilar theory. They have supposed that the deity, from the relations we stand in to himself and to each other, has constituted an eternal and immutable law, which is indispensably obligatory upon all mankind, prior to any human institution whatever. This is what is called the law of nature....Upon this law depend the natural rights of mankind.
A self-willed man obeys a different law, the one law I, too, hold absolutely sacred the human law in himself, his own individual will.
Theories of "natural law" and the "law of nations" are another excellent example of discussions destitute of all exactness. [...] "Natural law" is simply that law of which the person using the phrase approves[....]
There is a higher law than the law of government. That's the law of conscience.
To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law.
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 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.
The Gospel is temporary, but the law is eternal and is restored precisely through the Gospel. Freedom from the law consists, then, not in the fact that the Christian has nothing more to do with the law, but lies in the fact that the law demands nothing more from the Christian as a condition of salvation. The law can no longer judge and condemn him. Instead he delights in the law of God according to the inner man and yearns for it day and night.
A low view of law always produces legalism; a high view of law makes a person a seeker after grace.
Jurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found "against the evidence," ... the English common law rests upon a bargain between the Law and the people: The jury box is where the people come into the court: The judge watches them and the people watch back. A jury is the place where the bargain is struck. The jury attends in judgment, not only upon the accused, but also upon the justice and the humanity of the Law.
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