A Quote by Mark Twain
Is not this insanity plea becoming rather common? Is it not so common that the reader confidently expects to see it offered in every criminal case that comes before the courts?... Really, what we want now, is not laws against crime, but a law against insanity.
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Really, what we want now, is not laws against crime, but a law against insanity. That is where the true evil lies.
Heaven knows insanity was disreputable enough, long ago; but now that the lawyers have got to cutting every gallows rope and picking every prison lock with it, it is become a sneaking villainy that ought to hang and keep on hanging its sudden possessors until evil-doers should conclude that the safest plan was to never claim to have it until they came by it legitimately. The very calibre of the people the lawyers most frequently try to save by the insanity subterfuge ought to laugh the plea out of the courts, one would think.
All humanity could share a common insanity and be immersed in a common illusion while living in a common chaos. That can't be disproved, but we have no choice but to follow our senses.
A common and natural result of an undue respect for law is, that you may see a file of soldiers, colonel, captain, corporal, privates, powder-monkeys, and all, marching in admirable order over hill and dale to the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed, and produces a palpitation of the heart.
I'm a common law judge. I believe in deciding every case on its facts, not on a legal philosophy. And I believe in deciding each case in the most limited way possible, because common law judges have a firm belief that the best development of the law is the one that lets society show you the next step, and that next step is in the new facts that each case presents.
Society today is no longer in revolt against particular laws which it finds alien, unjust, and imposed, but against law as such, against the principle of law. And yet we must not regard this revolt as entirely negative. The energy that rejects many obsolete laws is an entirely positive impulse for renewal of life and law.
But he who knows what insanity is, is sane; whereas insanity can no more be sensible of its own existence, than blindness can see itself.
I think that storytelling, at its essence, allows us to feel like we all suffer the same insanity or a similar insanity of existence: that nobody escapes scot-free. We're all going to wind up - at the best-case scenario - 80, 85, 90, broken, in pain, and feeling like it was all a dream and not really understanding the point of any of it.
In a composite nation like ours, as before the law, there should be no rich, no poor, no high, no low, no white, no black, but common country, common citizenship, equal rights and a common destiny.
The partisan wants to change the law, the criminal break it; the anarch wants neither. He is not for or against the law. While not acknowledging the law, he does try to recognize it like the laws of nature, and he adjusts accordingly.
We have an insanity plea that would have saved Cain.
When should we nudge and when should we shove, I think, it's a political judgment. Obviously in some situations we need shoves, we need laws. Fraud is against the law, murder is against the law, drunk-driving is against the law. We don't need just nudges.
Female genital mutilation targets little girls, baby girls - fragile angels who are helpless, who cannot fight back. It's a crime against a child, a crime against humanity. It's abuse. It's absolutely criminal and we have to stop it.
Philosophy that satisfies its own intention, and does not childishly skip behind its own history and the real one, has its lifeblood in the resistance against the common practices of today and what they serve, against the justification of what happens to be the case.
If it comes to a question of law, the charges they brought against me - the Espionage Act - is called the quintessential political crime. A political crime, in legal terms, is defined as any crime against a state, as opposed to against an individual. Assassination, for example, is not a political crime because you've killed a person, an individual, and they've been harmed; their family's been harmed. But the state itself, you can't be extradited for harming it.
Most Americans need to be told discrimination against trans people is against the law. Instead of looking at us as people, they look at us as not people. If there's a law that states this treatment is not allowed, I'd feel safer to function more confidently in society because I'd know I'm protected by the law in the country I pay taxes in.
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