“When we recognize that legal rules are simply formulae describing uniformities of judicial decision, that legal concepts likewise are patterns or functions of judicial decisions, that decisions themselves are not products of logical parthenogenesis born of pre-existing legal principles but are social events with social causes and consequences, then we are ready for the serious business of appraising law and legal institutions in terms of some standard of human values.”Felix Cohen, Columbia Law Review, 1935”
“Struggling against the legalism of simple obedience, we end by setting up the most dangerous law of all, the law of the world and the law of grace. In our effort to combat legalism we land ourselves in the worst kind of legalism. The only way of overcoming this legalism is by real obedience to Christ when he calls us to follow him; for in Jesus the law is at once fulfilled and cancelled.”
“Sometimes the law defends plunder and participates in it. Thus the beneficiaries are spared the shame and danger that their acts would otherwise involve… But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them and gives it to the other persons to whom it doesn’t belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime. Then abolish that law without delay - No legal plunder; this is the principle of justice, peace, order, stability, harmony and logic.”
“Men decide far more problems by hate, love, lust, rage, sorrow, joy, hope, fear, illusion or some other inward emotion, than by reality, authority, any legal standard, judicial precedent, or statute.”
“Tolerance is a virtue, but like all virtues, when exaggerated, it transforms itself into a vice. We need to be careful of the ‘tolerance trap’ so that we are not swallowed up in it. The permissiveness afforded by the weakening of the laws of the land to tolerate legalized acts of immorality does not reduce the serious spiritual consequence that is the result of the violation of God’s law of chastity.”
“One wonders, in fact, why marriage is a legal issue at all - apart from its relevance to immigration and property laws. Why would something so integral to human nature require such vigilant legal protection?”