Quotes About Jurisprudence

“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

“Liberty finds no refuge in a jurisprudence of doubt.”

— Sandra Day O'Connor

“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

“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

“The crisis of European jurisprudence began a century ago with the victory of legal positivism.”

— Carl Schmitt

“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

“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

“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 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

“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

“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

“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

“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

“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

“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

“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

“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

“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

“There are vogues and fashions in jurisprudence as in literature and art and dress.”

— Benjamin N. Cardozo

“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

“The Roman jurisprudence has the longest known history of any set of human institutions.”

— Henry James Sumner Maine

“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 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

“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

“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

“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.

“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

“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

“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

“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

“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

“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

“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

“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

“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

“The gladsome light of jurisprudence.”

— Edward Coke

“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

“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

“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

“Christianity stamped its character on jurisprudence; for empire has ever a connection with the priesthood.”

— Baron De Montesquieu

“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

“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

“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

“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

“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

“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

“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

“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

“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