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Rule Of Law Quotes

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Rule Of Law Quotes

“Most of the men thrown into the back of the van that night were drunk, but none was in public: each was in his own home. And yet not one of them questioned the legality of his arrest. After nearly a dace of democracy, each assumed that the cops had every right to drag him out of his home and throw him in prison.”

“The radical rhetoric of the early fascist movements led many observers, then and since, to suppose that once in power the fascist regimes would make sweeping and fundamental changes in the very bases of national life. In practice, although fascist regimes did indeed make some breathtaking changes, they left the distribution of property and the economic and social hierarchy largely intact (differing fundamentally from what the word revolution had usually meant since 1789). The reach of the fascist “revolution” was restricted by two factors. For one thing, even at their most radical, early fascist programs and rhetoric had never attacked wealth and capitalism as directly as a hasty reading might suggest. As for social hierarchy, fascism’s leadership principle effectively reinforced it, though fascists posed some threat to inherited position by advocating the replacement of the tired bourgeois elite by fascist “new men.” The handful of real fascist outsiders, however, went mostly into the parallel organizations. The scope of fascist change was further limited by the disappearance of many radicals during the period of taking root and coming to power. As fascist movements passed from protest and the harnessing of disparate resentments to the conquest of power, with its attendant alliances and compromises, their priorities changed, along with their functions. They became far less interested in assembling the discontented than in mobilizing and unifying national energies for national revival and aggrandizement. This obliged them to break many promises made to the socially and economically discontented during the first years of fascist recruitment. The Nazis in particular broke promises to the small peasants and artisans who had been the mainstay of their electoral following, and to favor urbanization and industrial production. Despite their frequent talk about “revolution,” fascists did not want a socioeconomic revolution. They wanted a “revolution of the soul,” and a revolution in the world power position of their people. They meant to unify and invigorate and empower their decadent nation—to reassert the prestige of Romanità or the German Volk or Hungarism or other group destiny. For that purpose they believed they needed armies, productive capacity, order, and property. Force their country’s traditional productive elements into subjection, perhaps; transform them, no doubt; but not abolish them. The fascists needed the muscle of these bastions of established power to express their people’s renewed unity and vitality at home and on the world stage. Fascists wanted to revolutionize their national institutions in the sense that they wanted to pervade them with energy, unity, and willpower, but they never dreamed of abolishing property or social hierarchy. The fascist mission of national aggrandizement and purification required the most fundamental changes in the nature of citizenship and in the relation of citizens to the state since the democratic revolutions of the eighteenth and nineteenth centuries. The first giant step was to subordinate the individual to the community. Whereas the liberal state rested on a compact among its citizens to protect individual rights and freedoms, the fascist state embodied the national destiny, in service to which all the members of the national group found their highest fulfillment. We have seen that both regimes found some distinguished nonfascist intellectuals ready to support this position. In fascist states, individual rights had no autonomous existence. The State of Law—the Rechtsstaat, the état de droit—vanished, along with the principles of due process by which citizens were guaranteed equitable treatment by courts and state agencies. A suspect acquitted in a German court of law could be rearrested by agents of the regime at the courthouse door and put in a concentration camp without any further legal procedure.”

“The fundamental basis by which the court’s decision might be made is, in itself, imperfect and subject to contradictions. There is very little consideration given to a priori knowledge regarding the circumstances being presented and as a result, arguments must be made empirically, under the assumption that assumptions themselves are, in fact, likely to give way to specious reasoning...Decisions must be made meticulously and according to specific, yet immeasurable criteria that can only be further manipulated by any cunning lawyer with the ability to make emotional pleas based on a requisite amount of inconsequential evidence to affect a decision beneficial to his clients. And so, in this respect, the law is capable of proving nothing except that its absurd attention to detail is really a kind of a façade meant to cover up the fact that a truly logical and just way to deal with such matters has not yet been devised. And the absence of adequate definition to its principles has given way to a kind of apathy among the men employed by the courts, who want nothing more now than to make a living for themselves and their families and not work themselves into too much of a frenzy about how little can be changed through their own initiative. Thus things aren’t likely to.”

“My theory is that everything went to hell with Prohibition, because it was a law nobody could obey. So the whole concept of the rule of law was corrupted at that moment. Then came Vietnam, and marijuana, which clearly shouldn't be illegal, but is. If you go to jail for ten years in Texas when you light up a joint, who are you? You're a lawbreaker. It's just like Prohibition was. When people accept breaking the law as normal, something happens to the whole society, you see?”

“If one starts with the assumption that, in the absence of specific Congressional authority, a fixed rule of law precludes contracting officers from providing in a Government contract terms reasonably calculated to assure its performance even though there be no money loss through a particular default, there is no problem. But answers are not obtained by putting the wrong question, and thereby begging the real one.”

“I’ve chosen not to challenge the rule of law, because in our system there really is no intermediate step between a Supreme Court decision and violent revolution. When the Supreme Court makes a decision, no matter how strongly one disagrees with it, one faces a choice –are we, in John Adams’ phrase, a nation of laws, or is it a contest made on raw power?”

“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.”

“The first step in the direction of a world rule of law is the recognition that peace no longer is an unobtainable ideal but a necessary condition of continued human existence. But to take even this step we must return to a calm and responsible frame of mind in which we can face the long patient tasks ahead.”

“The Universal Declaration of Human Rights recognizes that 'if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression', human rights should be protected by the rule of law. That just laws which uphold human rights are the necessary foundation of peace and security would be denied only by closed minds which interpret peace as the silence of all opposition and security as the assurance of their own power.”

“If we move away from the American tradition of lawyers defending those with whom they vehemently disagree -- as we temporarily did during the McCarthy period -- we weaken our commitment to the rule of law... So beware of an approach which limits advocacy to that which is approved by the standards of political correctness.”

“How can there be democracy if the leadership in the United States and Britain don't uphold the values which my father's generation fought the Nazis, millions of people gave their lives against the Soviet Union's regime, didn't they? Because of what? Democracy. And what democracy meant. No torture, no camps, no detention forever or without trial, without charges. In solitary confinement. Those techniques which are not just alleged, they have actually been written about by the FBI. I don't think it's being far left - I hope that I'm wrong to consider that it's far left to uphold the rule of law.”

“We are deeply concerned about the situation in Russia with regards to human rights. There are several examples of this situation, such as the new law requiring NGOs to register as "foreign agents", the law banning homosexual "propaganda", problems with the rule of law and arbitrary judicial processes, and court rulings against the opposition.”

“Freedom, by its nature, must be chosen, and defended by citizens, and sustained by the rule of law and the protection of minorities. And when the soul of a nation finally speaks, the institutions that arise may reflect customs and traditions very different from our own. America will not impose our own style of government on the unwilling. Our goal instead is to help others find their own voice, attain their own freedom, and make their own way.”

“It is the collective responsibility of the citizens in a modern state to ensure by all means necessary that its government adheres to the rule of law, not just domestically, but internationally. There are no bystanders. No one is entitled to an 'apolitical' exemption from such obligation. Where default occurs, either by citizens endorsement of official criminality or by the failure of citizens to effectively oppose it, liability is incurred by all”

“A free society depends upon a high degree of mutual trust. The public will not give that trust to officials who are not seen to be impartially dedicated to the general public interest, nor will they give trust to those high in government who violate the rule of law they ask citizens to obey at the expense of self-interest, or to those who present government as the place where one feathers his own nest, [or] exchanges favors with friends and former associates.”