Legal Quotes (6 quotes)
[On the use of scopolamine in criminology], If it is permissible for a state to take life, liberty and property because of crime, it can be made legal to obtain information from a suspected criminal by the use of a drug. If the use of bloodhounds is legal, the use of scopolamine can be made legal.
Academies have been instituted to guard the avenues of their languages, to retain fugitives, and repulse intruders; but their vigilance and activity have hitherto been vain; sounds are too volatile and subtile for legal restraints; to enchain syllables, and to lash the wind, are equally the undertakings of pride, unwilling to measure its desires by its strength.
In the social production of their life, men enter into definite relations that are indispensable and independent of their will; these relations of production correspond to a definite stage of development of their material forces of production. The sum total of these relations of production constitutes the economic structure of society - the real foundation, on which rises a legal and political superstructure and to which correspond definite forms of social consciousness. The mode of production of material life determines the social, political and intellectual life process in general. It is not the consciousness of men that determines their being, but, on the contrary, their social being that determines their consciousness. At a certain stage of their development, the material productive forces in society come in conflict with the existing relations of production, or - what is but a legal expression for the same thing - with the property relations within which they have been at work before. From forms of development of the productive forces these relations turn into fetters. Then begins an epoch of social revolution. With the change of the economic foundation the entire immense superstructure is more or less rapidly transformed. In considering such transformations a distinction should always be made between the material transformation of the economic conditions of production, which can be determined with the precision of natural science, and the legal, political, religious, aesthetic or philosophic - in short, ideological forms in which men become conscious of this conflict and fight it out. Just as our opinion of an individual is not based on what he thinks of himself, so we can not judge of such a period of transformation by its own consciousness; on the contrary, this consciousness must be explained rather from the contradictions of material life, from the existing conflict between the social productive forces and the relations of production. No social order ever disappears before all the productive forces for which there is room in it have been developed; and new, higher relations of production never appear before the material conditions of their existence have matured in the womb of the old society itself. Therefore, mankind always sets itself only such tasks as it can solve; since, looking at the matter more closely, we will always find that the task itself arises only when the material conditions necessary for its solution already exist or are at least in the process of formation. In broad outlines we can designate the Asiatic, the ancient, the feudal, and the modern bourgeois modes of production as so many progressive epochs in the economic formation of society. The bourgeois relations of production are the last antagonistic form of the social process of production - antagonistic not in the sense of individual antagonism, but of one arising from the social conditions of life of the individuals; at the same time the productive forces developing in the womb of bourgeois society create the material conditions for the solution of that antagonism. This social formation constitutes, therefore, the closing chapter of the prehistoric stage of human society.
Literature is made upon any occasion that a challenge is put to the legal apparatus by conscience in touch with humanity.
The suppression of crime is not entirely a legal question. It is a problem for the physician, the economist and the lawyer. We, as physicians, should encourage the criminologist by lending to him the surgeon, the internist and all of the rest of the resources of medicine, just as we have done in the case of the flea man, the fly man, the mosquito man, the bed-bug man and all the other ologists.
We are apt to consider that invention is the result of spontaneous action of some heavenborn genius, whose advent we must patiently wait for, but cannot artificially produce. It is unquestionable, however, that education, legal enactments, and general social conditions have a stupendous influence on the development of the originative faculty present in a nation and determine whether it shall be a fountain of new ideas or become simply a purchaser from others of ready-made inventions.