Jonathan SwiftJonathan Swift, (1667-1745) Irish author

Jonathan Swift Quote

“It is a maxim among lawyers that whatever hath been done before may be done again, and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind. These, under the name of precedents, they produce as authorities to justify the most iniquitous opinions, and the judges never fail of directing them accordingly.”

Jonathan SwiftJonathan Swift
~ Jonathan Swift

Gulliver’s Travels, 1726

Ratings and Comments

Joe, Rochester, MI

Going to court does not equal justice!

Mike, Norwalk
  • Reply
Mike, Norwalk Joe, Rochester, MI 10/14/21

Joe, that was his point  in fact, his point was going to court is, under the name of precedents, going to be an unjust experience.

c nuggin, Lincoln

This thought holds true to the current distruction of our Consitution

Mike, Norwalk

We hold this truth to be self evident, being proved over, and over, and over again. At best, 'Stare Decisis' should be used only as an immaterial offering to show earlier thought on the subject. At law, the jury is to determine fact and law at each situation.

watchman 13, USA

Precedents do build a foundation for thought, otherwise you must break ground again. Divining of the law is a very old precedent , I do like your point of view Mike. Even as the apostle Paul states in the first book to the Corinthians concerning judgment. 6 : 4, If then ye have judgments of things pertaining to this life, set them to judge who are lest esteemed in the church. A jury, Considering this nation as a whole, being the church. Quite the precedent to draw from for inspiration.

jim k, Austin, Tx

True in the 1700 hundreds as well as today.

Mike, Norwalk

watchman 13, it is your "otherwise you must break ground again", that really is the foundation of a free people ("If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." - Thomas Jefferson). For a jury to offer a civil settlement or justice in criminal matters, they must first know what is law (as per your Cor 6:4 reference - the laws of nature and of nature's God) and the subject act's facts pertaining to the related law (inclusive of intent; and, by way of 2 or 3 witnesses being a more whole understanding) 'Stare decisis' should merely be an historical look at earlier logic, reasoning and understanding for an administration of justice in a specific case, having no binding effect on the present (the previous did not define or bind the static law, the current parties' intent or otherwise facts). Each individual case needs judge the applicable code, ordinance, regulation, rule, statute, etc. as well as the subject being and situation. Judicial precedence (stare decisis) is a slippery slope of judicial legislation, it being greater than legislation from legislators.

Mike, Norwalk

Judicial precedence (exponentially legislating law and justice out of de jure administration's existence), more than any other topic of action, has eliminated a free representative republic of individual sovereigns with inalienable right(s) - a united We The People. The occupying statist theocracy infesting this land, complete with its executive, legislative and media branches of administrative tyranny, supports fully, despotism's stare decisis.

E Archer, NYC

It's called legislating from the bench. Jury trials are rare, and informed jurors even rarer. As the bumper sticker goes, "Question Authority."

Mike, Norwalk

“Law” has a broad nomenclature that divides into multiple political philosophies (including applications), many temporal images, diverse understandings, scores of mental aberrations, and an exponentially expanding difference of systems / exercises  / administrations. “Law, in its most general and comprehensive sense, law signifies a rule of action; and this term is applied indiscriminately to all kinds of action; whether animate or inanimate, rational or irrational.” (Bouvier’s Law Dictionary) Law's attributed source, helps define subsequent philosophical applications as well as the applied system of law and justice. – By example:

1.) “the laws of nature and of nature’s God” (Declaration of Independence {a limiting static recognition of law specific to nature, subject nomenclature animating an umbrella of that which is eternal and absolute in a constitution / disposition of things as they are} natural law – the intended jurisprudence of the de jure States united). Infinite and unwavering rules of nature are categorically understood through assessable proficiencies such as gravity, physics, math, ultimate science, life, liberty and property (an Iroquois Federation measure, the constitutional law of the land). The source is nature, beyond man’s capacity or potential to create or alter - natural order / law (that which veraciously and uniquely defines inalienable right and liberty).

2.) Legal Positivism; Legal Positivism is arbitrary, “An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things;” (Bouvier’s Law Dictionary) – Legal Positivism is most often “used in opposition to natural law” (Bouvier’s Law Dictionary). The source is corporeal or carnal man’s intent and resolution to control.

3.) Legal Realism; Legal Realism is arbitrary and habitually time/situation fleeting, instituted by any source, at any time regardless of natural law or legal positivism (executive, judicial, personal, etc.). The source is corporeal or carnal man’s intent and resolution to control. Judicial activism (including judicial precedence) is a form of Legal Realism and a demonic tyranny.

4.) etc.

The currant occupying statist theocracy infesting this land's exclusive use of "Legal Positivism", "Legal Realism" (inclusive of the here addressed judicial precedence) and flagrant anti-law criminality is clearly unconstitutional and an application of despots' demonic tyranny. The CCP's criminal puppet now heading the demise of individual sovereignty, inalienable rights, liberty, peace and prosperity at/by natural / constitutional law is using the spot on subject matter of this quote as just one of his demonic tools.


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