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Numberless have been the systems of iniquity contrived by the great for the gratification of this passion in themselves; but in none of them were they ever more successful than in the invention and establishment of the canon and the feudal law.
John Adams
It is more important that innocence be protected than it is that guilt be punished, for guilt and crimes are so frequent in this world that they cannot all be punished. But if innocence itself is brought to the bar and condemned, perhaps to die, then the citizen will say, "whether I do good or whether I do evil is immaterial, for innocence itself is no protection," and if such an idea as that were to take hold in the mind of the citizen that would be the end of security whatsoever.
It would be an absurdity for jurors to be required to accept the judge's view of the law, against their own opinion, judgment, and conscience.
A lawyer once told a jury that the person his client stood accused of having killed was about to walk through the courtroom door. When the jurors looked startled, the lawyer asserted that if those jurors had wondered, even for one second that the victim might appear, that belief constituted enough reasonable doubt for them to find his client innocent.
Suppose a nation in some distant region should take the Bible for their only law book, and every member should regulate his conduct by the precepts there exhibited. What a Utopia! What a paradise this region would be.
The moment the idea is admitted into society that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.
As good government is an empire of laws, how shall your laws be made? In a large society, inhabiting an extensive country, it is impossible that the whole should assemble to make laws. The first necessary step, then, is to depute power from the many to a few of the most wise and good.
I was very strenuous for retaining and insisting on it [law of nature], as a resource to which we might be driven by Parliament much sooner than we were aware.
The rights of Englishmen are derived from God, not from king or Parliament, and would be secured by the study of history, law, and tradition.
The insanity defense is so rooted in our common law as to be protected under the due process clause of the 14th Amendment.
From the time we became an independant nation, it was as much a law of nature that this would become our claim as that the Mississippi should flow to sea.
In politics the middle way is none at all.
The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.
[You have Rights] antecedent to all earthly governments: Rights, that cannot be repealed or restrained by human laws; Rights, derived from the Great Legislator of the universe.
[J]udges, therefore, should be always men of learning and experience in the laws, of exemplary morals, great patience, calmness, coolness, and attention. Their minds should not be distracted with jarring interests; they should not be dependent upon any man, or body of men.
If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more or less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend.
A single assembly will never be a steady guardian of the laws, if Machiavel is right, when he says, Men are never good but through necessity: on the contrary, when good and evil are left to their choice, they will not fail to throw every thing into disorder and confusion. Hunger and poverty may make men industrious, but laws only can make them good; for, if men were so of themselves, there would be no occasion for laws; but, as the case is far otherwise, they are absolutely necessary.
Since natural law was thought to be accessible to the ordinary man, the theory invited each juror to inquire for himself whether a particular rule of law was consonant with principles of higher law. This view is reflected in John Adams' statement that it would be an 'absurdity' for jurors to be required to accept the judge's view of the law, 'against their own opinion, judgment, and conscience.'
By the former of these (canon law), the most refined, sublime, extensive, and astonishing constitution of policy that ever was conceived by the mind of man was framed by the Romish clergy for the aggrandizement of their own order.
One useless man is a shame, two is a law firm, and three is a Congress.
No good government but what is republican... the very definition of a republic is 'an empire of laws, and not of men.'
The executive shall never exercise the legislative and judicial powers, or either of them, to the end that it may be a government of laws and not of men.
Thus, experience has ever shown, that education, as well as religion, aristocracy, as well as democracy and monarchy, are, singly, totally inadequate to the business of restraining the passions of men, of preserving a steady government, and protecting the lives, liberties, and properties of the people . . . . Religion, superstition, oaths, education, laws, all give way before passions, interest, and power, which can be resisted only by passions, interest, and power.