A blupete Essay

Quotes, to blupete's Essay
"On Judges"

Criticism v. Contempt:-
¶ "Judges and courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act as contrary to law or the public good, no court could or would treat it as contempt of court." (Russell of Killowen, lord chief justice, Regina v Gray, 1900.)
¶ "Courts and judges are not, and should not be, above criticism, and as long as they are not impeded in the conduct of judicial business by publications having the effect of obstructing enforcement of their orders and judgments, or of impairing the justice and impartiality of verdicts, there is no right to enforce a contempt proceeding." (Chief Justice Hughes, State v. Don Nixon, 1935.)

¶ "The sword of the law should never fall but on those whose guilt is so apparent as to be pronounced by their friends as well as foes." (Thomas Jefferson, 1801.)

Interpretation, The Difficulty:-
¶ "'Trampled under the hoofs of a contest between old indifference and an arrogant, merciless will to reform." (G. M. Trevelyan.)

Light, Not Heat:-
¶ "One cool judgment is worth a thousand hasty counsels. The thing to do is to supply light and not heat." (Woodrow Wilson, 1916.)

¶ "Justice is a contract of expediency, entered upon to prevent men harming or being harmed." (Epicurus.)
¶ "The aim of justice is to give everyone his due." (Cicero.)
¶ "We will deny justice to none, nor delay it." (Magna Carta.)
¶ "Justice is a certain rectitude of mind whereby a man does what he ought to do in the circumstances confronting him." (Thomas Aquinas.)
¶ "Justice is found, experimentally, to be most effectually promoted by the opposite efforts of practised and ingenious men presenting to the selection of an impartial judge the best arguments for the establishment and explanation of the truth." ("The Lawyer That Tempted Christ," Sydney Smith.)

Justice to the Accuser, Too:-
¶ "Justice, though due to the accused, is due to the accuser also. The concept of fairness must not be strained till it is narrowed to a filament. We are to keep the balance true." (Justice Cardozo, Snider v. Commonwealth of Massachusetts, 1934.)

Justice and Freedom:-
¶ "The root of all well-ordered social action is a sentiment of justice, which at once insists on personal freedom and is solicitous for the like freedom of others; and there at present exists but a very inadequate amount of this sentiment." (Spencer.)

Justice and Property Rights:-
¶ "Where there is no property there is no justice." (John Locke.)

Justice and the Love of It.:-
¶ "The love of justice in most men is simply the fear of suffering injustice." (Rochefoucauld, Maxim 78.)

Justice is Truth.:-
Veritas est justitiae mater - Truth is the mother of justice. (Legal maxim.)

¶ "He injures the good who spares the bad." (Publilius Syrus, c.50 B.C.)

Injuria non excusat injuriam - One wrong does not justify another. (Legal maxim.)

Above Suspicion:-
¶ "Judges, like Cæsar's wife, should be above suspicion." (Bowen, J.; Leeson v. the General Council of Medical Education, 1889.)

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Peter Landry

2011 (2019)