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Jurisprudence Quotes

“Naturally there was the notion of private property as a pragmatic concept, for individuals or groups have a proclivity to tend to their own possessions with greater care and reverence than they would to common property...in such cases, the notion of ownership would underscore a relationship existing between distinct people, rather than a legal association between a person and that which is said to be possessed, which is to say that ownership was, in its strictest definition, the societal distinction between the owner and the non-owner with respect to the property in question. Beyond this, the concept of ownership varied further from society-to-society according to their respective derivations of natural law, legal positivism and legal realism. Some societies—the indigenous Itako tribes...for example—railed against their governments’ initiatives for private ownership in favor of maintaining equal access to available resources (in the case of the Itako, this was due primarily to the fact that theirs were kin-based tribes whose membership sought to live communally). All the same, even this notion of common possession seemed to me rather arrogant, for the necessitated existence of a public domain was rooted in the shared human dominance over the objects or organisms in question. And so, in my dizzying contemplation, I began to yearn for a greater law that stretched to vast limits beyond that which governed humanity alone. The voice in my mind spoke earnestly of the need for a unifying jurisprudence which could preside over all of Nature’s manifestations in a manner either probabilistically fair or mathematically arbitrary. And perhaps, still, this would not be enough.”

NatureJusticePropertyCommunismManifestationMaterialismProperty RightsNatural LawTribalismEgalitarianismJurisprudencePublic DomainEntitlementsCommon PropertyHuman ArroganceArbitrarinessChattelPrivate OwnershipHuman DominanceKin Selective AltruismLegal PositivismLegal Realism
Book:Only the Deplorable
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“Their quarry had been cornered in his defenses and their bloodlust was such that they were likely to pay top Julep to watch him escape, so that he might be brutalized and killed before their very eyes, as this was much more gratifying to them than simply watching justice be enacted. They, too, understood that societal constructs for justice were moderate gratification, at best, as they were empty and subject to contradictions and compromises steeped in moral relativism and an unconditional dependence upon overblown semantics that made the law a mockery of itself. As for the ideologies that these hollow systems of jurisprudence sought to define and uphold: these could easily be subjugated through a meticulous analysis of the trivial components of one statute or another. The rule of law had failed them. What the people wanted, in its stead, was rather simple: moral absolutes. Good versus evil. And evil was not to be simply prevailed over. Evil was to be dominated and effectively eliminated, because as long as it was able to while away the time somewhere—in some sweaty prison cell, far away, staring out the barred window with a wry smile, as it plotted its next offensive on the Common Good, a sense of wholeness could not be achieved.”

JusticePrisonGood And EvilBrutalityCommon GoodNatural LawContradictionsMoral RelativismQuarryJurisprudenceBloodlustCompromisesDualitiesHollow Systems Of JurisprudenceMoral AbsolutesOverblown SemanticsSocietal Contructs For JusticeSubjugation Of Law
Book:Don't Forget to Breathe
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“Practicing law in a general practice litigation firm can quickly sap an attorney’s enthusiasm for life as well as their inner will to pursue their line of trade that they invested years of schooling qualifying to perform. In phone calls, an attorney listens to clients scream, cry, and curse, make wild accusations, and threatening to harm other people. Because the client is paying the firm, they feel entitled to act obscenely.”

ClientsAttorneyLawyersJurisprudenceAttorneysAttorney Client RelationshipClient Quotes
Book:Dead Toad Scrolls
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“(Please forgive us, reader. We have once more gone astray with this rightist opportunism—this concept of "guilt," and of the guilty or innocent. It has, after all, been explained to us that the heart of the matter is not personal guilt, but social danger. One can imprison an innocent person if he is socially hostile. And one can release a guilty man if he is socially friendly. But lacking legal training, we can be forgiven, for the 1926 [Soviet Criminal] Code, according to which, my good fellow, we lived for twenty-five years and more, was itself criticized for an "impermissible bourgeois approach," for an "insufficiently class-conscious approach," and for some kind of "bourgeois weighting of punishment in relation to the gravity of what had been committed.")”

Soviet Union1969JurisprudenceBourgeois Society
Book:The Gulag Archipelago
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“Oftentimes have I heard you speak of one who commits a wrong as though he were not one of you, but a stranger unto you and an intruder upon your world. But I say that even as the holy and the righteous cannot rise beyond the highest which is in each one of you, So the wicked and the weak cannot fall lower than the lowest which is in you also. And as a single leaf turns not yellow but with the silent knowledge of the whole tree, So the wrong-doer cannot do wrong without the hidden will of you all. Like a procession you walk together towards your god-self. You are the way and the wayfarers. And when one of you falls down he falls for those behind him, a caution against the stumbling stone. Ay, and he falls for those ahead of him, who though faster and surer of foot, yet removed not the stumbling stone.”

JusticeEqualityFree WillOneJurisprudenceTerence
Author:Kahlil Gibran
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“I think the reality is that copyright law has for a very long time been a tiny little part of American jurisprudence, far removed from traditional First Amendment jurisprudence, and that made sense before the Internet. Now there is an unavoidable link between First Amendment interests and the scope of copyright law. The legal system is recognizing for the first time the extraordinary expanse of copyright regulation and its regulation of ordinary free-speech activities.”

ThinkingFirstsLittlesLongMadeRealityLawInterestInternetActivitySpeechLong TimeOrdinaryFirst TimeExtraordinaryTinyTraditionalLinksAmendmentsRegulationFree SpeechRecognizingScopeFirst AmendmentCopyrightLegal SystemExpanseJurisprudenceCopyright Law
Author:Lawrence Lessig
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“The United States, or the American Republic, has a mission, and is chosen of God for the realization of a great idea. It has been chosen not only to continue the work assigned to Greece and Rome, but to accomplish a greater work than was assigned to either. In art, it will prove false to its mission if it do not rival Greece; and in science and philosophy, if it do not surpass it. In the State, in law, in jurisprudence, it must continue and surpass Rome.”

IfsHas BeensArtIdeasStatesPhilosophyLawPoliticsUnitedUnited StatesEconomyGreaterProveAccomplishMissionsChosenRealizationLiberalismRepublicRomeGreeceRivalsIn-lawsGreat IdeaJurisprudenceScience And PhilosophyGreece And Rome
Author:Orestes Brownson
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“In our country and in our times no man is worthy the honored name of statesman who does not include the highest practicable education of the people in all his plans of administration. He may have eloquence, he may have a knowledge of all history, diplomacy, jurisprudence; and by these he might claim, in other countries, the elevated rank of a statesman: but unless he speaks, plans, labors, at all times and in all places, for the culture and edification of the whole people, he is not, he cannot be, an American statesman.”

PeopleMenMayDoeCountryWholeMightCulturePoliticsNamesSpeakPlansHighestLaborClaimsWorthyOur CountryAll TimeAdministrationOur TimeOther CountriesHonoredDiplomacyEloquenceStatesmenJurisprudenceEdification
Book:Lectures on Education
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“The zealous disdain for religion in American jurisprudence amounts to intolerance. Keith Fournier of the American Center for Law and Justice concludes that 'the ones not being tolerated are religious people who dare make any kind of religious reference or take any kind of religious posture outside the private arena.”

PeopleKindChristianLawReligiousJusticeAmountDareIntoleranceArenaPostureDisdainKeithZealousLaw And JusticeJurisprudence
Author:Ralph E. Reed, Jr.
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“Every faith uses some kind of tool to understand itself better. Faith seeks understanding. The Western tradition has used philosophy to understand the truths of the faith and you come up with theology. Where as, Islam at a certain point said: we'll use law. There are these four major, developed schools of Islamic jurisprudence.”

KindSaidPhilosophyUseSchoolLawUsedCertainUnderstandingFourMajorsTraditionToolsIslamWesternCome UpTheologyIslamicJurisprudence
Author:Francis George
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“And when the relics of humanity left among the Spaniards induced them to forbid their lawyers to set foot in America, what must they have thought of jurisprudence? May it not be said that they thought, by this single expedient, to make reparation for all the outrages they had committed against the unhappy Indians?”

MaySaidAmericaHumanityLeftFeetCommittedLawyerUnhappyOutrageRelicsReparationsSpaniardsJurisprudence
Book:WHAT IS MOB MENTALITY? - 8 Essential Books on Crowd Psychology: Psychology of Revolution, Extraordinary Popular Delusions and the Madness of Crowds, Instincts of the Herd, The Social Contract, A Moving-Picture of Democracy...
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“The books of jurisprudence were interesting to few, and entertaining to none: their value was connected with present use, and they sunk forever as soon as that use was superseded by the innovations of fashion, superior merit, or public authority.”

BookUseValuesInterestingForeverFashionAuthorityInnovationConnectedSuperiorsMeritEntertainingJurisprudence
Book:The Modern Library Essential World History 4-Book Bundle: The Decline and Fall of the Roman Empire (Abridged); Montcalm and Wolfe; History of the Conquest of Mexico; The Naval War of 1812
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“The first proponent of cortical memory networks on a major scale was neither a neuroscientist nor a computer scientist but .. a Viennes economist: Friedrich von Hayek (1899-1992). A man of exceptionally broad knowledge and profound insight into the operation of complex systems, Hayek applied such insight with remarkable success to economics (Nobel Prize, 1974), sociology, political science, jurisprudence, evolutionary theory, psychology, and brain science (Hayek, 1952).”

MenFirstsPoliticalMemoriesBrainPsychologyTheoryComputerMajorsEconomicsScientistProfoundComplexesInsightScalesOperationsRemarkablePrizeBroadsEconomistSociologyPolitical ScienceNobelNobel PrizeComplex SystemsHayekJurisprudenceBrain ScienceVon Hayek
Author:Joaquin Fuster
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“One of the movements we have developed is to say that, just as intellectual property rights protect the inventions of individuals, common rights are needed to protect the common intellectual heritage of indigenous peoples. These are rights that are recognized through the Convention on Biological Diversity. We are working to make sure that they become foundations of our jurisprudence.”

IndividualCommonRightsMovementNeededProtectDiversityIntellectualFoundationPropertyInventionHeritageConventionsIndigenousProperty RightsIntellectual PropertyIndigenous PeopleJurisprudence
Author:Vandana Shiva
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“The appearance in nineteenth-century psychiatry, jurisprudence, and literature of a whole series of discourses on the species and subspecies of homosexuality, inversion, pederasty, and "psychic hermaphroditism" made possible a strong advance of social controls into this area of "perversity"; but it also made possible the formation of a "reverse" discourse: homosexuality began to speak in its own behalf, to demand that its legitimacy or "naturality" be acknowledged, often in the same vocabulary, using the same categories by which it was medically disqualified.”

MadeWholeLiteratureSpeakStrongSocialCenturyDemandAreasSeriesSpeciesAppearanceCategoriesReverseHomosexualityDiscoursePsychicsVocabularyBehalfPsychiatryFormationNineteenth CenturyLegitimacyPerversitySocial ControlJurisprudenceInversions
Author:Michel Foucault
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“After the birth of printing books became widespread. Hence everyone throughout Europe devoted himself to the study of literature... Every year, especially since 1563, the number of writings published in every field is greater than all those produced in the past thousand years. Through them there has today been created a new theology and a new jurisprudence; the Paracelsians have created medicine anew and the Copernicans have created astronomy anew. I really believe that at last the world is alive, indeed seething, and that the stimuli of these remarkable conjunctions did not act in vain.”

WorldWritingYearsBelieveBookTodayLastsPastScienceLiteratureNumbersStudyGreaterAliveFieldsBirthThousandEuropeMedicineAstronomyTheologyVainRemarkableDevotedThousand YearsStimulusPublicationPrintingConjunctionsJurisprudenceSeething
Author:Johannes Kepler
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“I verily believe Christianity necessary to the support of civil society. One of the beautiful boasts of our municipal jurisprudence is that Christianity is a part of the Common Law... There never has been a period in which the Common Law did not recognize Christianity as lying its foundations.”

BelieveHas BeensBeautifulLawLyingCommonChristianitySupportPeriodsFoundationBoastOur Founding FathersUs HistoryCivil SocietyFounding Fathers ChristianUs Founding FathersFounding Fathers ReligionFounding Fathers Of AmericaChristianity From Founding FathersCommon LawJurisprudence
Author:Joseph Story
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“The planet Earth in its present mode of florescence is being devastated. This devastation is being fostered and protected by legal, political and economic establishments that exalt the human community while offering no protection to the non-human modes of being. There is an urgent need for a Jurisprudence (system of governance) that recognizes that the well-being of the integral world community is primary, and that human well-being is derivative - an Earth Jurisprudence.”

WorldNeedsHumansWellsEarthPoliticalCommunityEconomicPlanetsProtectionPrimariesWell BeingEstablishmentOfferingProtectedGovernanceUrgentBeing TherePlanet EarthDevastatedDevastationDerivativesJurisprudence
Author:Thomas Berry
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“A reform in the system of criminal jurisprudence, by which the death penalty shall no longer be inflicted . . . and by which our so-called prisons shall be virtually transformed into vast reformatory workshops, from which the unfortunate may emerge to be useful members of society, instead of the alienated citizens they now are.”

MayCitizensMembersPrisonCriminalsReformTransformedUnfortunatePenaltiesAlienationDeath PenaltyWorkshopsJurisprudence
Book:The Origin, Tendencies and Principles of Government: Or, A Review of the Rise and Fall of Nations from Early Historic Times to the Present: with Special Considerations Regarding the Future of the United States as the Representative Government of the World and the Form of Administration which Will Secure this Consummation. Also, Papers on Human Equality, as Represented by Labor and Its Representative, Money: and the Meaning and Significance of Life from a Scientific Standpoint, with Its Prophecies for the Great Future
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“The science, the art, the jurisprudence, the chief political and social theories, of the modern world have grown out of Greece and Rome-not by favour of, but in the teeth of, the fundamental teachings of early Christianity, to which science, art, and any serious occupation with the things of this world were alike despicable.”

WorldArtPoliticalSocialChristianityTeachingModernThis WorldSeriousTheoryFundamentalsTeethChiefsOccupationRomeFavourScience And ReligionGreeceModern WorldDespicableJurisprudenceSocial TheoryGreece And Rome
Book:Collected essays
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