8 Quotes Tagged: rule-of-law

They criticize me for harping on the obvious; if all the folks in the United States would do the few simple things they know they ought to do, most of our big problems would take care of themselves.

At the present time it is widely accepted among lawyers that law is higher than morality — law is something which is shaped and developed, whereas morality is something inchoate and amorphous. This is not the case. The opposite is true: morality is higher than law! Law is our human attempt to embody in rules a part of that moral sphere which is above us. We try to understand this morality, bring it down to earth, and present it in the form of law. Sometimes we are more successful, sometimes less. Sometimes we have a mere caricature of morality, but morality is always higher than law. This view must never be abandoned.

Civil disobedience, as I put it to the audience, was not the problem, despite the warnings of some that it threatened social stability, that it led to anarchy. The greatest danger, I argued, was civil obedience, the submission of individual conscience to governmental authority. Such obedience led to the horrors we saw in totalitarian states, and in liberal states it led to the public's acceptance of war whenever the so-called democratic government decided on it...

In such a world, the rule of law maintains things as they are. Therefore, to begin the process of change, to stop a war, to establish justice, it may be necessary to break the law, to commit acts of civil disobedience, as Southern black did, as antiwar protesters did.

When political leaders set a negative example, professional commitments to just practice become more important. It is hard to subvert a rule-of-law state without lawyers, or to hold show trials without judges. Authoritarians need obedient civil servants, and concentration camp directors seek businessmen interested in cheap labor.

When justice is more certain and more mild, is at the same time more efficacious.

Let the soldier yield to the civilian

"Two things form the bedrock of any open society — freedom of expression and rule of law. If you don’t have those things, you don’t have a free country."

[Don’t allow religious hooligans to dictate terms (The Times of India, January 16, 2008)]

It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today's decision [in Bush v. Gore]. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is pellucidly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.