Quotes & Sayings About Jurisprudence

The theory of the transference of the collective will of the people to historic persons may perhaps explain much in the domain of jurisprudence and be essential for its purposes, but in its application to history, as soon as revolutions, conquests, or civil wars occur - that is, as soon as history begins - that theory explains nothing. — Leo Tolstoy

The irony of the present day is, that, the more human rights jurisprudence seems to be fortified, the more there are human rights violations in newer and newer forms and some recidivism all due to the conflicting deductions of protecting even human rights of offenders. No doubt offenders deserve their rights to be protected, but in cases of serious offenses such as 'rape' where the offence is proved beyond all reasonable doubt against the offender and where the offender consciously commits the act while being aware of the justice system in his particular country and prefers to cross the precincts of the law, the question of a lighter punishment vis-a vis the gravity of the offence is a big question. — Henrietta Newton Martin

Even an attorney of moderate talent can postpone doomsday year after year, for the system of appeals that pervades American jurisprudence amounts to a legalistic wheel of fortune, a game of
chance, somewhat fixed in the favor of the criminal, that the participants play interminably. — Truman Capote

[Justice] Murphy... who ruled against the state [anti-sodomy] law... didn't see why the Supreme Court had to dwell on the historical background of sodomy laws [before striking them down]. All one really had to know to decide the case, he reasoned, was that Texas and its legions of moralizers let people have sex with animals. End of story. — Dale Carpenter

Mainstream Islamic jurisprudence continues to hold that the sword verses (9:5 and also 9:29) have "abrogated, canceled, and replaced" those verses that call for "tolerance, compassion, and peace."32 — Ayaan Hirsi Ali

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? — Jean-Jacques Rousseau

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. — Edward Gibbon

We need not throw away 200 years of American jurisprudence while we fight terrorism. We need not choose between our most deeply held values, and keeping this nation safe. — Barack Obama

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. — Francis George

life, can become the truth of your life. He imagined them in Paris trying to talk to each other. She'd give small lectures on the country's innovative health care system; he'd give similar disquisitions on French jurisprudence. That would get them through one day, maybe two. Then they'd start making small talk about whatever was in front of them at that moment: the charming Parisian streets, the weather, the waiters, the daylight that clung on until well past ten. Museums would be a good choice because of the enforced silence. But then they'd be at a restaurant looking at menus and she'd say what looked good and he'd say what looked good and they'd stare at the plates of other diners and point out those that also looked good and express how they were perhaps changing their mind about what they intended to — Nathan Hill

In the early centuries of Islam, the great schools of Islamic jurisprudence were built upon the above principles. Basic to all their legal systems they developed the doctrine that liberty is the fundamental basis of law. — Aly Khan

The first revolution is to transform the status of evaluation from untouchable to respectable , i.e., from the days a century ago when the value-free doctrine held that there could be no place for the serious treatment of evaluation within the sciences (or in the company of other respectable disciplines like history, jurisprudence, mathematics, etc.) to the days when even the National Academy of Sciences is doing evaluations at the request of Congress without protest from leading scientific and other professional organizations, and everyone will have good reasons for this acceptance. — Michael Scriven

Christianity stamped its character on jurisprudence; for empire has ever a connection with the priesthood. — Baron De Montesquieu

Rida was one of the first Muslims to advocate the establishment of a fully modernized but fully Islamic state, based on the reformed Shariah. He wanted to establish a college where students could be introduced to the study of international law, sociology, world history, the scientific study of religion, and modern science, at the same time as they studied fiqh. This would ensure that Islamic jurisprudence would develop in a truly modern context that would wed the traditions of East and West, and make the Shariah, an agrarian law code, compatible with the new type of society that the West had evolved. — Karen Armstrong

How did Kirchmann understand the worthlessness of jurisprudence ? The answer lies in the aphorism: "Three revisions by the legislator and whole libraries became wastepaper." With a sharp alteration this answer became a slogan:"A stroke of the legislator's pen and whole libraries became wastepaper." Another aphorism in the same vein made the point even more brusquely and less politely: "Positive law turns the jurist into a worm in rotten wood." Kirchmann meant that jurisprudence could never catch up with legislation. Thus our predicament becomes immediately obvious. What remains of a science reduced to annotating and interpreting constantly changing regulations issued by state agencies presumed to be in the best position to know and articulate their true intent? — Carl Schmitt

Those arts which are, to be sure, not finite, as geometry and arithmetic, do not suffer adornment; others, contrarily, are rather subject to division and embellishment, such as astronomy and jurisprudence. — Gerolamo Cardano

An Inquiry into the Nature and Causes of the Wealth of Nations, which Smith published in 1776, is the most important book ever written about capitalism and its moral ramifications. Though The Wealth of Nations is in good part about commerce, it was not written for businessmen or merchants. A book focused on the analysis of market processes motivated by self-interest, it was written by one of the most admired philosophers of the Enlightenment, a former professor of logic, rhetoric, jurisprudence, and moral philosophy, in order to influence politicians and rouse them to pursue the common good. — Jerry Z. Muller

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. — Thomas Henry Huxley

The fact that the Constitution is sufficiently open-ended to infuriate all Americans almost equally is part of its enduring genius. — Dahlia Lithwick

We see neither justice nor injustice which does not change its nature with change in climate. Three degrees of latitude reverse all jurisprudence; a meridian decides the truth. — Blaise Pascal

Our Supreme Court is not a court of law. It is a court of conjecture and political fad. — A.E. Samaan

My regard for jurisprudence increased, I discovered in it religion. I understood the Gita teaching of non-possession to mean that those who desired salvation should act like the trustee who, though having control over great possessions, regards not an iota of them as his own. — Mahatma Gandhi

Her religion
perhaps, Alwyn thought, American Christianity as a whole
was a religion of ideal prose; all the beauty it had was the elegance of a perfect law, a Napoleonic code. It deified Jesus, but deified Him as a social leader and teacher martyred for His virtue, a compassionate attorney at the right hand of God the judge, and a fulfillment of the half-political prophecies of the Old Testament
whose jurisprudence of hygiene, family relations, patriotism, and commerce, its morality resembled. — Glenway Wescott

The Constitution created a framework, not a Ouija board, precisely because the Framers understood that prospect of a nation ruled for centuries by dead prophets would be the very opposite of freedom. — Dahlia Lithwick

The Framers were no more interested in binding future Americans to a set of divinely inspired commandments than any of us would wish to be bound by them. — Dahlia Lithwick

It would be a narrow conception of jurisprudence to confine the notion of 'laws' to what is found written on the statute books, and to disregard the gloss which life has written upon it. — Felix Frankfurter

For most inhabitants of the Arab world, the prevailing cultural attitude toward women - fed and encouraged by Wahhabi doctrine, which is based on Bedouin social norms rather than Islamic jurisprudence - often trumps the rights accorded to women by Islam. — G. Willow Wilson

Children's games constitute the most admirable social institutions. The game of marbles, for instance, as played by boys, contains an extremely complex system of rules - that is to say, a code of laws, a jurisprudence of its own. — Jean Piaget

The principle of equity first came into evidence in Roman jurisprudence and was derived by analogy from the physical meaning of the word. — Herbert Read

In civil jurisprudence it too often happens that there is so much law, that there is no room for justice, and that the claimant expires of wrong in the midst of right, as mariners die of thirst in the midst of water. — Charles Caleb Colton

All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development - in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent god became the omnipotent lawgiver - but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology. Only by being aware of this analogy can we appreciate the manner in which the philosophical ideas of the state developed in the last centuries. — Carl Schmitt

My arithmetic is fine, thank you, Nicole snapped. Her arithmetic from what she'd seen was a damn sight better than that of any local without a counting board in front of him. The Romans, naturally enough, used and thought in terms of Roman numerals, and Roman numerals were to arithmetic what cruel and unusual punishment was to jurisprudence. — Judith Tarr

It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission; but it may, if it thinks proper, waive this privilege, and permit itself to be made a defendant in a suit by individuals, or by another State. — Roger B. Taney

The gladsome light of jurisprudence. — Edward Coke

There was an ancient Roman lawyer, of great fame in the history of Roman jurisprudence, whom they called Cui Bono, from his having first introduced into judicial proceedings the argument, What end or object could the party have had in the act with which he is accused. — Edmund Burke

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. — Kilroy J. Oldster

jurisprudence. I — Michael Connelly

The motorization of law into mere decree was not yet the culmination of simplifications and accelerations. New accelerations were produced by market regulations and state control of the economy - with their numerous and transferable authorizations and subauthorizations to various offices, associations and commissions concerned with economic decisions. Thus in Germany, the concept of "directive" appeared next to the concept of "decree." This was "the elastic form of legislation," surpassing the decree in terms of speed and simplicity. Whereas the decree was called a "motorized law," the directive became a "motorized decree." Here independent, purely positivist jurisprudence lost its freedom of maneuver. Law became a means of planning, an administrative act, a directive. — Carl Schmitt

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. — Joseph Story

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. — Victoria Woodhull

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. — Michel Foucault

Liberty finds no refuge in a jurisprudence of doubt. — Sandra Day O'Connor

Collective hallucination is another of the dismissal-labels by which conventionalists shirk thinking. Here is another illustration of the lack of standards, in phenomenal existence, by which to judge anything. One man's story, if not to the liking of conventionalists, is not accepted, because it is not supported; and then testimony by more than one is not accepted, if undesirable, because that is collective hallucination. In this kind of jurisprudence, there is no hope for any kind of testimony against the beliefs in which conventional scientists agree. Among their amusing disregards is that of overlooking that, quite as truly may their own agreements be collective delusions. — Charles Fort

Like psychoanalysis, constitutional jurisprudence has become a game without rules. By defying the plain meaning of words, ignoring context and history, and using a little ingenuity, you can make the Constitution mean anything you like. — Joseph Sobran

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. — Lawrence Lessig

Start with the observation that American law is not designed to catch and punish every instance of illegal conduct. Nothing short of a totalitarian state could do that. It is designed to prosecute persons when there is a reasonable basis for believing they have committed a crime, and then to convict them when there is no reasonable doubt that they are guilty. — Dale Carpenter

Before the First World War, in many places military officers who had not taken part directly in operations became liable one way or another under the jurisprudence and military law of their own countries. But the question of prosecuting the political authorities--the people who ran the country--had not yet been considered. Calls during the war to hold the Ottoman political elite and the German kaiser personally responsible for the Armenian massacres and to prosecute them on those grounds heralded a turning point. From that point on, personal responsibility and prosecution--even of those in the political sphere--became one of the most important principles of international law. — Taner Akcam

The study of jurisprudence, by which I must earn my bread, has so withered and frozen the flowers of my fancy that they will never again seek the light. (To his Mother, November 11, 1829) — Robert Schumann

The crisis of European jurisprudence began a century ago with the victory of legal positivism. — Carl Schmitt

I have, alas! Philosophy, Medicine, Jurisprudence too, And to my cost Theology, With ardent labor, studied through. And here I stand, with all my lore, Poor fool, no wiser than before. — Johann Wolfgang Von Goethe

As you know, the public conversation about the connection between Islamic ideology and Muslim intolerance and violence has been stifled by political correctness. In the West, there is now a large industry of apology and obfuscation designed, it would seem, to protect Muslims from having to grapple with the kinds of facts we've been talking about. The humanities and social science departments of every university are filled with scholars and pseudo-scholars - deemed to be experts in terrorism, religion, Islamic jurisprudence, anthropology, political science, and other fields - who claim that Muslim extremism is never what it seems. These experts insist that we can never take Islamists and jihadists at their word and that none of their declarations about God, paradise, martyrdom, and the evils of apostasy have anything to do with their real motivations. — Sam Harris

Hamid notes that the four main schools of Islamic jurisprudence agree that this verse means "that Muslims must fight non-Muslims and offer them the following choices: Convert to Islam, pay a humiliating tax called jizyah or be killed." Indeed, he adds, "A basic search of almost ALL approved interpretations for the Quran supports the same violent conclusion. The 25 leading approved Quran Interpretations (commentaries) - that are usually used by Muslims to understand the Quran - unambiguously support the violent understanding of the verse."15 — Ayaan Hirsi Ali

One might go on to say that perhaps justice fails to be done only if the concept we entertain of justice is retributive justice, whose chief goal is to be punitive, so that the wronged party is really the state, something impersonal, which has little consideration for the real victims and almost none for the perpetrator. We contend that there is another kind of justice, restorative justice, which was characteristic of traditional African jurisprudence. Here the central concern is not retribution or punishment. In the spirit of ubuntu, the central concern is the healing of breaches, the redressing of imbalances, the restoration of broken relationships, a seeking to rehabilitate both the victim and the perpetrator, who should be given the opportunity to be reintegrated into the community he has injured by his offense. — Desmond Tutu

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. — Orestes Brownson

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. — Vandana Shiva

Besides a happy policy as to civil government, it is necessary to institute a system of law and jurisprudence founded in justice, equity, and public right. — Ezra Stiles

For the law is not jurisprudence, not a weighty tome full of articles, not philosophical treatises, not peevish nonsense about justice, not hackneyed platitudes about morality and ethics. The law means safe paths and highways. It means backstreets one can walk along even after sundown. It means inns and taverns one can leave to visit the privy, leaving one's purse on the table and one's wife beside it. The law is the sleep of people certain they'll be woken by the crowing of the rooster and not the crashing of burning roof timbers! And for those who break the law; the noose, the axe, the stake and the red-hot iron! Punishments which deter others. — Andrzej Sapkowski

Disagreement based on LEGITIMATE IJTIHAD which does not create DISCORD or DISUNITY is a BLESSING for the UMMAH and an enrichment of ISLAMIC JURISPRUDENCE. Objective disagreement in itself poses no threat if it is coupled with TOLERANCE and is free of FANATICISM, ACCUSATIONS, and NARROW-MINDEDNESS. — Yusuf Al-Qaradawi

There are vogues and fashions in jurisprudence as in literature and art and dress. — Benjamin N. Cardozo

I am not going to claim that modern anarchism has any direct relation to Roman jurisprudence; but I do claim that it has its basis in the laws of nature rather than in the state of nature. — Herbert Read

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. — Ralph E. Reed Jr.

Today, no less than five Supreme Court justices are on record, either through their opinions or speeches (or both), that they will consult foreign law and foreign-court rulings for guidance in certain circumstances. Of course, policymakers are free to consult whatever they want, but not justices. They're limited to the Constitution and the law. — Mark R. Levin

Nothing but a necessity invincible by any other means can justify ... a prostitution of laws, which constitute the pillars of our whole system of jurisprudence. — Thomas Jefferson

The first requirement of a sound body of law is, that it should correspond with the actual feelings and demands of the community, whether right or wrong. — Oliver Wendell Holmes Jr.

I want us to see a resurgence, a revival, a renaissance of so many of the wonderful attributes and values that Africa has. You know we have had a jurisprudence, a penology in Africa which is not retributive. We've had a jurisprudence which was restorative. When people quarreled in the traditional setting, the main intention was not to punish the miscreant but to restore good relations. For Africa is concerned, or was concerned, about relationship, about the wholeness of relationship. That is something we can bring to the world, a world that is polarized, a world that is fragmented, a world that destroys people. — Desmond Tutu

His claim to Mars is lawyers' hogwash; as a lawyer myself I need not respect it. — Robert A. Heinlein

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. — Thomas Berry

The sins of the fathers are to be born by their children's children's children? What sort of justice is that? This goes against half a millennium's worth of Western jurisprudence. — Peter Boghossian

The most celebrated system of jurisprudence known to the world begins, as it ends, with a Code. — Henry James Sumner Maine

By citing the UN Charter I indicate that the defensive party to the conflict should use only proportionate force, try to avoid civilian casualties, and end combat operations as soon as possible. These are provisions recognized by almost all authorities on international jurisprudence. — Bhikkhu Bodhi

With the growth of market individualism comes a corollary desire to look for collective, democratic responses when major dislocations of financial collapse, unemployment, heightened inequality, runaway inflation, and the like occur. The more such dislocations occur, the more powerful and internalized, Hayek insists, neoliberal ideology must become; it must become embedded in the media, in economic talking heads, in law and the jurisprudence of the courts, in government policy, and in the souls of participants. Neoliberal ideology must become a machine or engine that infuses economic life as well as a camera that provides a snapshot of it. That means, in turn, that the impersonal processes of regulation work best if courts, churches, schools, the media, music, localities, electoral politics, legislatures, monetary authorities, and corporate organizations internalize and publicize these norms. — William E. Connolly

Ethics and morals do, in reality, have a place in law - although not in jurisprudence. It is morals that help us make the laws, but morals do not help us apply them. — Hanya Yanagihara

It was thought that the confession of the accused was indispensable to his condemnation, an idea not only unreasonable, but contrary to the most simple good sense in matters of jurisprudence; for if the denial of the accused is not accepted as proof of his innocence, the confession which is torn from him by torture ought to serve still less as proof of his guilt. — Alexander Pushkin

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). — Joaquin Fuster

Justice isn't about fixing the past; it's about healing the past's future. — Jackson Burnett

The irony of the present day is, the more human rights jurisprudence seems to be fortified, the more there are human rights violations in newer and newer forms and some recidivism all due to the conflicting deductions of protecting even human rights of offenders. No doubts offenders deserve their rights to be protected but in cases of serious offenses such as 'rape' where the offender consciously commits the act while being aware of the justice system in his particular country, prefers to cross the precincts of the law. Worst still, is increasing crime rate of offenses such as rape committed against children and infants. — Henrietta Newton Martin

In every important way we are such secrets from one another, and I do believe that there is a separate language in each of us, also a separate aesthetics and a separate jurisprudence. Every single one of us is a little civilization built on the ruins of any number of preceding civilizations, but with our own variant notions of what is beautiful and what is acceptable - which, I hasten to add, we generally do not satisfy and by which we struggle to live. We take fortuitous resemblances among us to be actual likeness, because those around us have also fallen heir to the same customs, trade in the same coin, acknowledge, more or less, the same notions of decency and sanity. But all that really just allows us to coexist with the inviolable, intraversable, and utterly vast spaces between us. — Marilynne Robinson

The Roman jurisprudence has the longest known history of any set of human institutions. — Henry James Sumner Maine

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. — Horace Mann