Category Archives

Archive of posts published in the category: Law

Misconceived Philanthropy

It is not considered enough that law should be just, it must be philanthropic.  It is not sufficient that it should guarantee to every citizen the free and inoffensive exercise of his faculties, applied to his physical, intellectual, and moral

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An Instrument of Plunder

It would be impossible to introduce into society a greater evil than… the conversion of the law into an instrument of plunder. No society can exist unless the laws are respected to a certain degree, but the safest way to

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Too Many Great Men

I cannot avoid coming to this conclusion- that there are too many great men in the world; there are too many legislators, organizers, institutors of society, conductors of the people, fathers of nations, etc., etc.  Too many persons place themselves

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Equality vs The Rule of Law

.. any policy aiming directly at a substantive ideal of distributive justice must lead to the destruction of the Rule of Law. To produce the same result for different people, it is necessary to treat them differently. To give different

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Results of Tort Reform

I have had a stronger objection to tort reform than most ‘conservative’ minded. I generally object to legislative interference in the judicial process. I do not like lawmakers adjudicating cases they have not heard, not do I like judges creating

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Living, Breathing Oppression

Judicial activism was often intellectually softened by proponents who repeated Al Gore’s quest for a “living, breathing” constitution. For those who wished for the courts to pass laws that Congress should but wouldn’t, the concept of a “living, breathing” constitution

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