Roger Scruton Quotes

The Common Law Does Not Proceed By Legislation, Or By Imposing Directives And Decrees On A Reluctant Population. It Proceeds By Resolving Conflicts, And Discovering The Rules That Are Implicit In Those Conflicts And In The Behaviour That Gives Rise To Them. Common Law Is Discovered Law, And Its Principles Are Not Imposed From Above But Extracted From Below, By Judges Whose Aim Is To Do Justice In The Individual Case, Rather Than To Reform The Conduct Of Mankind. Its Rights Are Not Stated But Implied, And They Encapsulate A Vision Of Individual Freedom Rather Than A Politics Of Collective Conformity. The Rights Dreamed Up In The European Courts, By Judges Who Do Not Pay The Cost Of Imposing Them, Are Experiments In Social Engineering, Rather Than Recognitions Of Individual Sovereignty, And This Is In No Matter More Evident Than In Those Clauses That Have Imposed The Mores Of The Elite On A Reluctant Residue Of Christian Believers, And Which Are Now Ubiquitous In Our Statutory Law.

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