Thoughts & Quotes of Blupete
the letter and you will be brought to the beginning of the thoughts beginning with that letter.
- § See blupete's commentary of -- June, 1998.
- ¶ "It is jealousy's peculiar nature,
To swell small things to great; nay, out of nought
To conjure much, and then to lose its reason
Amid the hideous phantoms it has formed.
- ¶ "In jealousy there is more self-love than love."
- ¶ Jewels are baubles; 'tis a sin To care for such unfruitful things;- (Holmes, Breakfast-Table.)
- ¶ "... the tendencies of periodical literature in
general; pointing out, that it cannot, like books, wait for
success, but must succeed immediately, or not at all, and is
hence almost certain to profess and inculcate the opinions
already held by the public to which it addresses itself, instead
of attempting to rectify or improve those opinions." (John Stuart Mill, Autobiography.)
- ¶ "Nothing but a coat, and a wig, and a mask smiling below it --- nothing but a great simulacrum." (Sorry, forgot to note the source. A simulacrum is a "material image, made as a representation of some deity, person, or thing." I take my definitions from the OED.)
- § "Judges ought to remember, that their office is Ius dicere, and not Jus dare; to interprete law, and not to make law, or give Law." (Francis Bacon)
- § "Judges ought to be more Learned, then Wittie." (Francis Bacon)
- § See blupete's essay -- "On Judges & Justice."
- ¶ "For some time now it has been noticed that judges are impelled to decide the way they do (quite apart from corruption) by factors other than, or at least in addition to, the legal principals stated in their opinions. But what modern jurisprudence calls 'the inarticulate hypothesis' has come to play a smaller role by reason of the very fact that our philosophers have made our judges aware of it. [After observing that superior court judges are self-conscious and literate] ... the legal theory offered as the basis for its judgment is crucial."
[Charles Rembar, The End of Obscenity (London: Deutsch, 1969), pp. 5-6.]
- ¶ The doctrine of Judicial Notice is that which allows a court to accept certain things as true without their having been proven under the rules of evidence. These are ordinary matters of common knowledge, or matters which, if not commonly known, can be determined from sources that are not subject to serious question: thus, for example, the dates on which the moon is full.
- ¶ The concern which one might have over our Justice system, as it now exists, is shared by those at the highest levels within the system: "I have a sense of uneasiness about the future of our profession, of our justice system, and indeed our country, and for many of the same reasons. I do not speak out of a sense of panic but out of a sense of concern." (Charles L. Dubin, Chief Justice of Ontario. Dubin was appointed the Chief Justice Of Ontario in 1990; he resigned to return to private practice in 1996.)
- ¶ "This box contains a man of wit;
A man of sense, a man not fit;
A man of strength, a man of place;
A man of devoid of every grace;
A man of rank, a man of none;
A man who rather be at home;
A man of luck, a man of taste;
A man who would his country waste:
These men, when sworn, a jury make,
To clear up many a mistake."
(Sorry, I did not take note of the source.)
- JURY, SPECIAL
- ¶ "The special jury had originally been intended to protect the parties at the bar when, as Blackstone put it, 'the causes were of too great nicety for the discussion of ordinary freeholders.' It had gradually become a vehicle of oppression. The attorney general had a right to a special jury in a libel case. The clerks charged with the duty of maintaining the panel of persons qualified to act as jurors identified those they considered suitable for a special jury by marking their names as 'Esq.' In the county of Middlesex there were roughly 400 persons so designated out of a total list of eligible jurors numbering about 4,000. The 400 lucky persons were paid a fee of a guinea each time they served and, according to Thomas Paine, an extra guinea if they found for the prosecution. The full history of every 'guinea man' and of his relationship with the government -- whether he or any member of his family was pensioner or placeholder -- was noted on the list, and continuance on the list was subject to good behavior. When a case was to be tried, forty-eight names out of the 'Esqs.' selected by the master of the crown office were presented to counsel for the two parties, and each was allowed to strike out any twelve of the names, an exercise which, in view of the manner of selection, was of extremely doubtful value to a defendant in any action brought by the government." [From Spater's work, William Cobbett: The Poor Man's Friend (Cambridge University Press, 1982) at vol.#1, p.129-30. Note, in 1825, legislation was passed outlawing the special jury.]
- ¶ In a regime such as is visualized by Plato in his Republic, those in the know have already set up in advance what constitutes a "just society," and they, the same group, because they know best, will rule.
- ¶ "The partial, capricious cruel blows of despotism are much less injurious to the general and real liberties ... than are any of those proceedings, by which tyranny is exercised under the names, and with the forms and appearance of law and justice." (Attributed to Cobbett.)
- ¶ "The place of Justice is an hallowed place." (Francis Bacon, Novum Organum, Aphorism 39.)
- ¶ "Condemnation, than absolution more resembles Justice." (Thomas Hobbes)
- ¶ "Sometimes justice cannot be had without money." (Thomas Hobbes)
JUSTICES OF THE PEACE
- § See Justices Of The Peace.
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