What is truth? Truth is ever-changing law. We both have truths. Are mine the same as yours? (Crucify him! Crucify him!)
Ponctious PilateEhren wir die Freiheit. Arbeiten wir für den Frieden. Halten wir uns an das Recht. Dienen wir unseren inneren Maßstäben der Gerechtigkeit."
[Ansprache am 8. Mai 1985 in der Gedenkstunde im Plenarsaal des Deutschen Bundestages]
Tags: goals equality freedom justice peace democracy values law
When states are democratically governed according to law, there are no demagogues, and the best citizens are securely in the saddle; but where the laws are not sovereign, there you find demagogues. The people become a monarch... such people, in its role as a monarch, not being controlled by law, aims at sole power and becomes like a master.
AristotleTags: democracy law demagogues
É sabido que o Direito, por força de um processo histórico, por vezes conturbado, se ajusta às realidades surgentes. Por exemplo, o feudalismo teve a sua moral e o seu direito, que correspondiam às circunstancias tecnológicas de então. Mais tarde, a burguesia reagiu contra esse direito e essa moral, espartilhos da sua ambiciosa movimentação.
Amílcar AmorimIn the criminal law [...] imprisonment should be resorted to only after the most anxious consideration.
Pius LangaTags: law human-rights south-africa imprisonment criminal-law constitutional-law south-african-criminal-law south-african-law
If the good is not dependent on the bad and can be separated from it, one gives effect to the good that remains after the separation if it still gives effect to the main objective.
Johann KrieglerTags: law south-africa constitutional-law south-african-law severability
The views of the Courts in regard to imprisonment have however undergone modification in the last ten years. Imprisonment is seen more and more as a harsh and drastic punishment to be reserved for callous and impenitent characters. We wish to adopt a more enlightened approach in which the probable effect of incarceration upon the life of the accused person and those near to her is carefully weighed.
V.G. HiemstraTags: law human-rights south-africa imprisonment south-african-law
The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.
Pius LangaTags: freedom history security law debt human-rights south-africa common-law credit imprisonment constitutional-law south-african-law albie-sachs constitution-of-south-africa
The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.
John DidcottTags: law metaphor south-africa imprisonment constitutional-law south-african-law severability
Imprisonment is the form of punishment which may detrimentally affect not only the offender but also his family and his employment and because of its duration it can seldom be kept from becoming general public knowledge. It [...] can have a lasting demoralising effect on the character and personality of the offender. The loss of liberty, tedium, regimentation [...] which prison life entails, have a greater potentiality than a whipping for destroying the offender's self-esteem and the integrity of his character and for changing, for the worse, his way of life.
P.W. ThirionTags: liberty family self-esteem punishment law human-rights employment south-africa imprisonment south-african-law
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