Common Law Quotes

Women didn't have rights. Under British common law, women were property.

The common law of this state held man and wife to be one person, but that person was the husband.

In walking through the world there is a choice for a man to make. He can choose the fair and open path, the path which sound ethics, sound democracy, and the common law prescribe, or choose the secret way by which he can get the better of his fellow man.

I do verily believe that if the principle were to prevail of a common law being in force in the United States (which principle possesses the general government at once of all the powers of the state governments, and reduces us to a single consolidated government), it would become the most corrupt government on the earth.

There is no jewel in the world comparable to learning; no learning so excellent both for Prince and subject, as knowledge of laws; and no knowledge of any laws so necessary for all estates and for all causes, concerning goods, lands or life, as the common laws of England.

I expect from our judges that their verdicts are also inspired by Talmudic law - and not only by common law or European justice systems.

If slavery be a sin, it is not yours. It does not rest on your action for its origin, on your consent for its existence. It is a common law right to property in the service of man; its origin was Divine decree.

There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back...

It is a common law of nature, which no time will ever change, that superiors shall rule their inferiors.

It's unwise to pay too much, but it's worse to pay too little. When you pay too much, you lose a little money - that's all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing it was bought to do. The common law of business balance prohibits paying a little and getting a lot - it can't be done. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.

The invention of writs was really the making of the English Common Law; and the credit of this momentous achievement, which took place chiefly between 1150 and 1250, must be shared between the officials of the royal Chancery, who framed new forms, and the royal judges, who either allowed them or quashed them.

As we have seen, the first public expression of disenchantment with nonviolence arose around the question of 'self-defense.' In a sense this is a false issue, for the right to defend one's home and one's person when attacked has been guaranteed through the ages by common law.

It will come as no surprise to anybody to know that I support the traditional definition of marriage as a union of one man and one woman to the exclusion of all others, as expressed in our traditional common law.

... the right to defend one's home and one's person when attacked has been guaranteed through the ages by common law.

In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.

A large plural society cannot be governed without recognizing that, transcending its plural interests, there is a rational order with a superior common law.

Common law is common right.

Reason is the life of the law; nay, the common law itself is nothing else but reasonThe law, which is perfection of reason.

[T]he liberty, the unalienable, indefeasible rights of men, the honor and dignity of human nature, the grandeur and glory of the public, and the universal happiness of individuals, were never so skillfully and successfully consulted as in that most excellent monument of human art, the common law of England.

When you pay too much, you lose a little money - that is all. When you pay too little, you sometimes lose everything, because the thing you bought is incapable of doing the thing it was bought to do.

It’s unwise to pay too much, but it’s worse to pay too little.

I'm a common law judge. I believe in deciding every case on its facts, not on a legal philosophy. And I believe in deciding each case in the most limited way possible, because common law judges have a firm belief that the best development of the law is the one that lets society show you the next step, and that next step is in the new facts that each case presents.

The life of the law has not been logic; it has been experience.

Consider: what could be more American than the principle that every person is to be held accountable for his or her crimes only? Could anything be more un-American than the Second Commandment's warning that "I Yahweh, thy God, am a jealous god, visiting the iniquity of the fathers upon the children unto the third and fourth generation."? Not even the Common Law would have hung a man because his grandfather had stolen a horse!

If any refuse to obey the common laws and orders of the ship concerning their common peace or preservation; if any shall mutiny or rise up against their commanders and officers; if any should preach or write that there should be no commanders or officers because all are equal in Christ, therefore no master or officers, no laws nor orders, nor corrections nor punishments - I say I never denied that in such cases, the commander may judge, resist, compel, and punish such transgressors according to their deserts and merits.

There never has been a period of history, in which the Common Law did not recognize Christianity as lying at its foundation.

Christianity is part of the Common Law of England.

It was natural that the direct wielders of the royal prerogative, men who sat in the Star Chamber and the Privy Council, who knew the secrets of the State and the necessity for prompt action, should despise the merely declaratory character of a good deal of Common Law process. To them we doubtless owe those four great pillars of Chancery jurisdiction, the injunction, the decree, the sequestration, and the commission of rebellion.

The Common Law of England has been laboriously built about a mythical figure-the figure of 'The Reasonable Man'.

The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified; although some decisions with which I have disagreed seem to me to have forgotten the fact.

Every British Subject born on the continent of America, or in any other of the British dominions, is by the law of God and nature, by the common law, and by act of parliament, (exclusive of all charters from the crown) entitled to all the natural, essential, inherent and inseparable rights of our fellow subjects in Great- Britain.

The Talmud is to this day the circulating heart's blood of the Jewish religion. Whatever laws, customs or ceremonies we observe-whether we are orthodox, conservative, reform or merely spasmodic sentimentalists-we follow the Talmud. It is our common Law.

We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English-speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law find their most famous expression in the American Declaration of Independence.

By the English common law, her husband was her lord and master. He had the custody of her person, and of her minor children. He could 'punish her with astick no bigger than his thumb,' and she could not complain against him.

And of course we are familiar with the English common law rule of thumb that said a man could in fact use a stick no bigger than his thumb to discipline his wife and family.

The Bible has always been regarded as part of the Common Law of England.

I'm marrying my common-law wife, Beth, the Christian way, with a preacher and all that.

Law grows, and though the principles of law remain unchanged, yet (and it is one of the advantages of the common law) their application is to be changed with the changing circumstances of the times. Some persons may call this retrogression, I call it progression of human opinion.

... the common law existed while the Anglo-Saxons were yet pagans, at a time when they had never yet heard the name of Christ pronounced or knew that such a character existed.

By nature's law, every man has a right to seize and retake by force his own property taken from him by another, by force of fraud. Nor is this natural right among the first which is taken into the hands of regular government after it is instituted. It was long retained by our ancestors. It was a part of their common law, laid down in their books, recognized by all the authorities, and regulated as to circumstances of practice.

I think the American justice system has a lot more issues than the European justice system, especially the Scottish justice system. We have a really nice mix of European codified law and the traditional English system of common law, which is what the American system is based on.

Christianity neither is, nor ever was a part of the common law.

This provision (the 4th Amendment) speaks for itself. Its plain object is to secure the perfect enjoyment of that great right of the common law, that a man's house shall be his own castle, privileged against all civil and military intrusion.

Nothing is better settled at the common law than the doctrine that the children, even of aliens, born in a country, while the parents reside there under the protection of the government, and owing a temporary allegiance thereto, are subjects by birth.

We've got gays working there. If they can demonstrate long-term relationships, we make same-sex benefits available just as we do with common-law marriages. Gays are productive people. Some fly airplanes, some work in breweries.

Our common law is the stock instance of a combination of custom and its successive adaptations.

The supremacy of Parliament and the embedding of property rights in Common Law put political power in the hands of men anxious to exploit the new economic opportunities and provided the framework for a judicial system to protect and encourage productive economic activity

Dubai was brilliant, they looked around the world. They saw Hong Kong, Singapore, New York, Chicago, Sydney, London all ran British common law. British common law is much better for commerce than is French common law or sharia law. So they took 110 acres of Dubai soil, put British common law with a British judge in charge, and they went from an empty piece of soil to the 16th most powerful financial center in [the] world in eight years.

Jurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found "against the evidence," ... the English common law rests upon a bargain between the Law and the people: The jury box is where the people come into the court: The judge watches them and the people watch back. A jury is the place where the bargain is struck. The jury attends in judgment, not only upon the accused, but also upon the justice and the humanity of the Law.

But it is recognized that punishment for the abuse of the liberty accorded to the press is essential to the protection of the public, and that the common law rules that subject the libeler to responsibility for the public offense, as well as for the private injury, are not abolished by the protection extended in our constitutions. The law of criminal libel rests upon that secure foundation. There is also the conceded authority of courts to punish for contempt when publications directly tend to prevent the proper discharge of judicial functions.