The moment juries or judges go beyond their functions, and take upon themselves to lay down the law or find the facts, not according to the law as it is, but according to the law as they think it ought to be, then the certainty of the law is at an end; there is nothing to rely upon; we are left to the infinite variety and uncertainty of human opinion; to caprice which may at any moment influence the best of us, to feelings and prejudices, perhaps excellent in themselves, but which may distort or disturb our judgment, and distract our minds from the single simple operation of ascertaining whether the facts proved bring the case within the law as we are bound to take it. (John Coleridge, 1st Baron Coleridge)

The moment juries or judges go beyond their functions, and take upon themselves to lay down the law or find the facts, not according to the law as it is, but according to the law as they think it ought to be, then the certainty of the law is at an end; there is nothing to rely upon; we are left to the infinite variety and uncertainty of human opinion; to caprice which may at any moment influence the best of us, to feelings and prejudices, perhaps excellent in themselves, but which may distort or disturb our judgment, and distract our minds from the single simple operation of ascertaining whether the facts proved bring the case within the law as we are bound to take it.

John Coleridge, 1st Baron Coleridge

Related topics

best beyond bound caprice case certainty end find human judgment law lay left moment nothing operation opinion ought perhaps simple single take Judges facts

Related quotes

Progress in these policies can only be brought about if a considerable degree of consensus exists within our country. I have heard some doubt expressed as to what consensus means...Consensus means deliberately setting out to achieve the widest possible measure of agreement about our national policies, in this particular case about our economic activities, in the pursuit of a better standard of living for our people and a happier and more prosperous country. If there be any doubt about the desirability of working towards such a consensus let us recognize that every successful industrialized country in the modern world has been working on such a basis.

Edward Heath

When authoritarianism is no longer necessary to protect the welfare of the people, I will be the first to move for its dismantling. But the easy, casual wave of the hand dismissing the dangers that confront the worsening world situation and us is not for me. It is for those who insist that I dismantle martial law against my best judgment but, legally and morally, cannot be held liable for any Kampuchean-like tragedy that would be fall our people if I followed their advice. But I would be liable. I would be called all kinds of names. I would be called stupid, naïve and obstinate. History and our people would hold me accountable not only perhaps for lack of wisdom, but for lack of courage if I followed such advice.

Ferdinand Marcos

I am ready to concede that the rule of adherence to precedent, though it ought not to be abandoned, ought to be in some degree relaxed. I think that when a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. ... That court best serves the law which recognizes that the rules of law which grew up in a remote generation may, in the fullness of experience, be found to serve another generation badly, and which discards the old rule when it finds that another rule of law represents what should be according to the established and settled judgment of society.

Benjamin N. Cardozo

This party will not take its position based on public opinion polls. We will not take a stand based on focus groups. We will not take a stand based on phone-in shows or householder surveys or any other vagaries of public opinion... In my judgment Canada will eventually join with the allied coalition if war on Iraq comes to pass. The government will join, notwithstanding its failure to prepare, its neglect in co-operating with its allies, or its inability to contribute. In the end it will join out of the necessity created by a pattern of uncertainty and indecision. It will not join as a leader but unnoticed at the back of the parade.

Stephen Harper

Of this Shakspeare of ours, perhaps the opinion one sometimes hears a little idolatrously expressed is, in fact, the right one; I think the best judgement not of this country only, but of Europe at large, is slowly pointing to the conclusion, That Shakspeare is the chief of all Poets hitherto; the greatest intellect who, in our recorded world, has left record of himself in the way of Literature. On the whole, I know not such a power of vision, such a faculty of thought, if we take all the characters of it, in any other man. Such a calmness of depth; placid joyous strength; all things imaged in that great soul of his so true and clear, as in a tranquil unfathomable sea!

Thomas Carlyle