Thomas Erskine Quotes
A fixed rule may give rise to occasional deviations from justice; but these amount to nothing more than the price which every member of the community may be called upon to pay for the advantage of an enlightened code. No laws can be framed sufficiently comprehensive to embrace the infinite varieties of human action …
Thomas Erskine, 1750-1823, Lord Chancellor of England, Speech in the House of Lords on the Banbury Peerage Case
Sourced by: Eigen's Political and Historical Quotations
If there is no rule of law, the executive, king or strongman, may handle any case in any way he wants. He can convict a poor man but let a powerful friend off. However, with the rule of law, it is the facts of the case that control, and not the identity of the law breaker. Hence the ancient Romans were somewhat suspicious of the rule of law in that it could tie the hands of the executive or magistrate and limit his discretion. To a certain extent, even modern America does not follow a completely rule of law system. The “out” is prosecutorial discretion. The prosecutors can charge one party and not bother to do so with others. An example was in 2010 when there were many bank foreclosures on home mortgages, the major banks of America were commonly committing fraud and perjury by executing legal documents allowing the forclosure, claiming that the had required documents and had done required procedure when the officers who signed the official documents had no idea what they had and just lied. The Banks had large lobbying resources, and despite the fact that felonies were committed by the tens of thousands, none of the felons was ever charged with a crime, for if they were, they were clearly guilty and there would be severe consequences. The banks promised never to do it again, and got off with none of the many guilty people ever convicted.
This is one of the first attempts to decentralize the system of law and justice. Edgar was very supportive and tolerant of local differences and customs, including in the law.
The Senator was arguing against a bill to correct an aspect of the immigration law where infants and very young clildren are broght to the United States by parents who entered illegally. The children grow up in the United States—the only country and home that they have ever known. American law required that they be deported to “their countries” which they have no memory of and many do not even speak the language or know the culture. Sessions, is an example of the view that law defines justice. Therefore laws cannot be unjust nor can enforcing the law. Opponents point out that even in the United States we have, in earlier times, “enforced the law” which we came to regret and see as an injustice. The Fugitive slave laws, the Southern racial discrimination laws, and the law allowing Japanese American Citizens to be interned and lose their land during WWII are a few examples of laws, the enforcement of which is seen by most Americans as having been unjust. The execution of “witches” in early America was in conformity with the law.
The Senator was referring to the immigration laws which many, including him, thought were unjust, unfair, racist and discriminatory.
Thomas Erskine of Linlathen was a Scottish advocate and lay theologian in the early part of the 19th century. With his friend the Reverend John McLeod Campbell he attempted a revision of Calvinism.
