"Law is, in its nature, nothing but positive volition given by the sovereign to the subject."
William Blackstone's quote suggests that law is a set of rules established by a governing authority (sovereign) which subjects are expected to follow. The essence of law is rooted in the decision-making power of the authority, where it imposes its will upon its citizens or subjects. This interpretation emphasizes the importance of governmental power and consensus in shaping societal norms and behavior.
"It is better that ten guilty persons escape than that one innocent suffer."
This quote emphasizes the importance of preserving individual freedom and upholding justice in a legal system, even if it means letting some potentially guilty individuals go free. The underlying sentiment is that the potential harm caused to an innocent person by conviction or punishment (which can be irreversible) outweighs the potential societal harm from allowing some level of crime to persist. This perspective prioritizes the protection of innocence and individual rights, promoting a society where errors in judgment are less severe than wrongful convictions.
"The first and fundamental rule in the administration of justice is, to do right to the individual; and this, as far as human imperfection will allow, must always be the primary object."
This quote by William Blackstone emphasizes the principle that the ultimate objective in administering justice is to ensure fairness for each individual involved in a legal case. It suggests that while perfection may not always be achievable due to human limitations, it's essential that we strive to deliver justice that favors the rights of the individual over any other considerations. This quote underscores the importance of upholding fundamental principles of fairness and impartiality in the legal system.
"Every positive law, of whatsoever kind it was enacted, is to be taken to have proceeded from a will designed to conform that law to the moral rules of the universe."
This quote by William Blackstone suggests that all laws, regardless of their origin, are intended to reflect universal moral principles. In other words, the intention behind every law is to align it with ethical or righteous guidelines that are inherent in the universe, suggesting a sense of justice and fairness that transcends human societies. This perspective positions law as more than just a human construct; it implies an ideal that our laws should strive to uphold moral order.
"For in truth it is so far from being derogatory to human nature, that it is rather a tribute to its excellence and dignity, to say we are capable of governing ourselves by reason, and that, as far as human virtue can do it, we need not look for anything more out of ourselves to make us really happy."
William Blackstone's quote emphasizes the inherent capability and dignity of humans in self-governance, primarily through reason. He suggests that our ability to govern ourselves is a testament to our excellence rather than a flaw, as it implies we have the capacity for rational decision-making and happiness. In essence, he posits that our own virtues are sufficient for genuine happiness, implying that external factors may not be necessary or even desired for true human fulfillment.
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