"True
law is right reason in agreement with nature; it is of universal application,
unchanging and everlasting; it summons to duty by its commands, and
averts from wrongdoing by its prohibitions. . . . And there will not
be different laws at Rome and at Athens, or different laws now and in
the future, but one eternal and unchangeable law will be valid for all
nations and all times and there will be one master and ruler, that is
God, over us all, for he is author of this law, its promulgator, and
its enforcing judge."
-Cicero
(106-43 BCE), De Republica
Quoted
in Edgar Bodenheimer. Jurisprudence: The Philosophy and Method of the
Law.
Cambridge,
MA: Harvard University Press, 1962. p. 14.
"Justice
is the set and constant purpose which gives to every man his due. Jurisprudence
is the knowledge of things divine and human, the science of the just
and the injust."
-The
Institutes, The Justinian Code (529)
Justinian
Code, "The Institutes: Book I, Section I," Medieval Legal
History Sourcebook,
<http://www.fordham.edu/halsall/basis/535institutes.html>
"The
Confucian Code of Rites (Liji) is expected to be the controlling document
on civilized behavior, not law. In the Confucian world view, rule of
law is applied only to those who have fallen beyond the bounds of civilized
behavior. Civilized people are expected to observe proper rites. Only
social outcasts are expected to have their actions controlled by law.
Thus the rule of law s considered a state of barbaric primitiveness,
prior to achieving the civilized state of voluntary observation of proper
rites. What is legal is not necessarily moral or just."
-Henry
C K Liu, "The Abduction of Modernity: Part 3 Rule of Law vs Confucianism,"
2003
Asia
Times Online, www.atimes.com.
"[Kant's
conception of law] seems to be the final form of an ideal of social
order which governed from the sixteenth to the nineteenth century: an
ideal of the maximum of individual self-assertion as the end for which
the legal order exists."
-Roscoe
Pound on Immanuel Kant's legal philsophy
Quoted
in Edgar Bodenheimer. Jurisprudence: The Philosophy and Method of the
Law.
Cambridge,
MA: Harvard University Press, 1962. p. 63.
"Whereas
recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom,
justice, and peace in the world.
. . . .
Whereas it is essential, if man is not to be compelled to have recourse,
as a last resort, to rebellion against tyranny and oppression, that
human rights should be protected by the rule of law.
. . . .
Whereas Member States have pledged themselves to achieve, in cooperation
with the United Nations, the promotion of universal respect for and
observance of human rights and fundamental freedoms.
Whereas
a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge."
-Preamble
to the Universal Declaration of Human Rights, 1948
Excerpted
from reprint in A Documentary History of Human Rights,
Ed.
Jon E. Lewis. New York: Carroll &Graff Publishers, 2003. Pp. 453-4.
