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Ian O’Shaughnessy

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justice & law13 quotes

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“Nomos is Greek for ‘pasture’, and ‘the Nomad’ is a chief or clan elder who presides over the allocation of pastures. Nomos thus came to mean ‘law’, ‘fair distribution’, ‘that which is allotted by custom’ - and so the basis of all Western law.

The verb nemein - to ‘graze’, ‘to pasture’, ‘to range’, or ‘to spread’ - has a second sense as early as Homer: ‘to deal’, ‘to apportion’ or ‘to dispense’ - especially of land, honour, meat or drink. Nemesis is the ‘distribution of justice’ and so of ‘divine justice’. Nomisma means ‘current coin’: hence ‘numismatics’.”

– Bruce Chatwin, The Songlines, Penguin Books, 2012, pg. 184.

“To know the mighty works of God, to comprehend His wisdom and majesty and power; to appreciate, in degree, the wonderful workings of His laws, surely all this must be a pleasing and acceptable mode of worship to the Most High, to whom ignorance cannot be more grateful than knowledge.”

– Nicolaus Copernicus, quoted in The Language of God by Francis Collins, 2006

“Your Honor, I ask no mercy and I plead for no immunity. I realize that finally the right must prevail. I never so clearly comprehended as now the great struggle between the powers of greed and exploitation on the one hand and upon the other the rising hosts of industrial freedom and social justice.

I can see the dawn of the better day for humanity. The people are awakening. In due time they will and must come to their own.

When the mariner, sailing over tropic seas, looks for relief from his weary watch, he turns his eyes toward the southern cross, burning luridly above the tempest-vexed ocean. As the midnight approaches, the southern cross begins to bend, the whirling worlds change their places, and with starry finger-points the Almighty marks the passage of time upon the dial of the universe, and though no bell may beat the glad tidings, the lookout knows that the midnight is passing and that relief and rest are close at hand. Let the people everywhere take heart of hope, for the cross is bending, the midnight is passing, and joy cometh with the morning.”

– Eugene V. Debs, “Statement to the Court, Upon Being Convicted of Violating the Sedition Act”, September 18th, 1918.

“Every positive law is rooted in a culture. Therefore, in order to have a world law there must be a world culture. And there is no such thing.”

– Chantal Delsol, Unjust Justice, ISI Books, 2008, pg. 49.

“Some will respond: Do we therefore have to relativize everything, since we cannot draw a line between the absolute and the relative? Do we have to become accomplices to crimes because we do not want to become inquisitors? No. There is a way out of this impasse. Because an absolute norm cannot be precisely defined, one should refrain from institutionalizing it. Not to tolerate certain crimes ought to be a decision, not a matter of obedience to positive law. If in matters of such gravity the borders are indistinct, it belongs to conscience and not the law to mark them out. This, at least, is the position I want to defend.”

– Chantal Delsol, Unjust Justice, ISI Books, 2008, pg. 29.

“The dream of a messianic reign lingers on in our thoughts and partially shapes them. The end of messianism will come only when we have abandoned our impatience: salvation remains always incomplete. Impatience for the reign of the Good can be seen in the machinations of the Inquisition, in both the red and brown totalitarianisms, but also in the invention of the International Criminal Court, that global righter of wrongs which has taken upon itself to purge the earth of its monsters. We will rebuild a common world only by avoiding this kind of impatience. We can struggle against evil, but we cannot pose as supreme righters of wrongs, searching out evil wherever it may be found and then eradicating it.”

– Chantal Delsol, The Unlearned Lessons of the Twentieth Century, trans. Robin Dick, ISI Books, 2006, pg. 166.

“When the Everlasting asked King Solomon what he wished to receive as a reward for his good behavior, Solomon replied, discernment. In granting Solomon discernment, God did not actually give him anything, for Solomon’s very request demonstrated that he possessed it already. Solomon thereby revealed that he has perceived the core of human weakness: we must judge here on earth, yet only God can judge, and God is not on earth—a terrible paradox.”

– Chantal Delsol, The Unlearned Lessons of the Twentieth Century, trans. Robin Dick, ISI Books, 2006, pg. 168.

“Agent Hoffman: ‘OK, well, listen, I understand attorney-client privilege. I understand all the legal gamesmanship, and I understand that’s how you make your living, but I’m talking to you about something else, the security of your country. I’m sorry if the way I put it offends you, but we need to know what Abel is telling you. You understand me, Donovan? Don’t go Boy Scout on me. We don’t have a rule book here.’

James Donovan: ‘You’re Agent Hoffman, yeah?’

Agent Hoffman: ‘Yeah.’

James Donovan: ‘German extraction.’

Agent Hoffman: ‘Yeah, so?’

James Donovan: ‘My name’s Donovan. Irish, both sides. Mother and father. I’m Irish and you’re German. But what makes us both Americans? Just one thing. One. Only one. The rule book. We call it the Constitution, and we agree to the rules, and that’s what makes us Americans. That’s all that makes us Americans. So don’t tell me there’s no rule book, and don’t nod at me like that you son of a bitch.’”

– Tom Hanks as James Donovan, Bridge of Spies, 2015

Mάχεσθαι χρὴ τὸν δῆμον ὑπὲρ τοῦ νόμου ὅκωσπερ τείχεος.

“Defend the laws as you would the city wall.”

– Heraclitus, Fragment 44

“It must be seen clearly that war is the natural state of man. Justice is contention. Through contention all things come to be.”

– Heraclitus, Fragment 26

“The yearning for certainty which grails the scientist, the aching beauty which harasses the artist, the sweet thorn of justice which fierces the rebel from the eases of life, or the thrill of exultation with which we hear of true acts of that now difficult virtue of courage, of cheerful endurance of hopeless suffering are these really derivable from matter? Or even continuous with the idiot hierarchies of speechless apes?”

– Julian Jaynes, The Origins of Consciousness in the Breakdown of the Bicameral Mind, Mariner Books, 1976, pgs. 8-9.

“I tremble for my country when I reflect that God is just.”

– Thomas Jefferson, Notes on the State of Virginia, pg. 163; quoted in Undaunted Courage by Stephen E. Ambrose, Simon and Schuster, 1996, pg. 459.

‘Χρώμεθα γὰρ πολιτείᾳ οὐ ζηλούσῃ τοὺς τῶν πέλας νόμους, παράδειγμαδὲ μᾶλλον αὐτοὶ ὄντες τισὶν ἢ μιμούμενοι ἑτέρους. Καὶ ὄνομα μὲν διὰ τὸμὴ ἐς ὀλίγους ἀλλ᾽ ἐς πλείονας οἰκεῖν δημοκρατία κέκληται: μέτεστι δὲκατὰ μὲν τοὺς νόμους πρὸς τὰ ἴδια διάφορα πᾶσι τὸ ἴσον, κατὰ δὲ τὴνἀξίωσιν, ὡς ἕκαστος ἔν τῳ εὐδοκιμεῖ, οὐκ ἀπὸ μέρους τὸ πλέον ἐς τὰ κοινὰἢ ἀπ᾽ ἀρετῆς προτιμᾶται, οὐδ᾽ αὖ κατὰ πενίαν, ἔχων γέ τι ἀγαθὸν δρᾶσαιτὴν πόλιν, ἀξιώματος ἀφανείᾳ κεκώλυται. Ἐλευθέρως δὲ τά τε πρὸς τὸκοινὸν πολιτεύομεν καὶ ἐς τὴν πρὸς ἀλλήλους τῶν καθ᾽ ἡμέρανἐπιτηδευμάτων ὑποψίαν, οὐ δι᾽ ὀργῆς τὸν πέλας, εἰ καθ᾽ ἡδονήν τι δρᾷ, ἔχοντες, οὐδὲ ἀζημίους μέν, λυπηρὰς δὲ τῇ ὄψει ἀχθηδόναςπροστιθέμενοι. Ἀνεπαχθῶς δὲ τὰ ἴδια προσομιλοῦντες τὰ δημόσια διὰδέος μάλιστα οὐ παρανομοῦμεν, τῶν τε αἰεὶ ἐν ἀρχῇ ὄντων ἀκροάσει καὶτῶν νόμων, καὶ μάλιστα αὐτῶν ὅσοι τε ἐπ᾽ ὠφελίᾳ τῶν ἀδικουμένωνκεῖνται καὶ ὅσοι ἄγραφοι ὄντες αἰσχύνην ὁμολογουμένην φέρουσιν.’Καὶ μὴν καὶ τῶν πόνων πλείστας ἀναπαύλας τῇ γνώμῃ ἐπορισάμεθα, ἀγῶσι μέν γε καὶ θυσίαις διετησίοις νομίζοντες, ἰδίαις δὲ κατασκευαῖς εὐπρεπέσιν, ὧν καθ᾽ ἡμέραν ἡ τέρψις τὸ λυπηρὸν ἐκπλήσσει. Ἐπεσέρχεται δὲ διὰ μέγεθος τῆς πόλεως ἐκ πάσης γῆς τὰ πάντα, καὶ ξυμβαίνει ἡμῖν μηδὲν οἰκειοτέρᾳ τῇ ἀπολαύσει τὰ αὐτοῦ ἀγαθὰγιγνόμενα καρποῦσθαι ἢ καὶ τὰ τῶν ἄλλων ἀνθρώπων.

“Our form of government does not enter into rivalry with the institutions of others. Our government does not copy our neighbors’, but is an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while there exists equal justice to all and all are alike in their private disputes, the claim of excellence is also recognized; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit. Neither is poverty an obstacle, but a man may benefit his country whatever the obscurity of his condition. There is no exclusiveness in our public life, and in our private business we are not suspicious of one another, nor angry with our neighbor if he does what he likes; we do not direct sour looks at him, which, though harmless, are not pleasant. While we are thus unconstrained in our private business, a spirit of reverence pervades our public acts; we are prevented from doing wrong by respect for the authorities and for the laws, having a particular regard to those which are ordained for the protection of the injured as well as those unwritten laws which bring upon the transgressor of them the reprobation of the general sentiment. And we have not forgotten to provide for our weary spirits many relaxations from toil; we have regular games and sacrifices throughout the year; our homes are beautiful and elegant; and the delight which we daily feel in all these things helps to banish sorrow. Because of the greatness of our city the fruits of the whole earth flow in upon us; so that we enjoy the goods of other countries as freely as our own.”

– Thucydides, Pericles’ Funeral Oration in The Peloponnesian War, c. 431-411 BC