Skip to content
quotesby

About this quote

What does it mean?
Judges should declare law, not make it. They must follow fixed rules, not discretion.
In plain terms
Judges apply the law, they do not create it.
What can you take from it?
Follow the law, not personal discretion.

Where it applies

  • courtroom
  • legal practice
  • reform

Putting it to work

  • uphold precedent
  • resist bias in rulings

Questions to consider

  • Should judges make laws?
  • How to balance law and fairness?

Another view

Sometimes laws need interpretation to be just.

More from Edmund Burke

  1. Early and provident fear is the mother of safety.

    Permalink to quote #28
  2. The cold neutrality of an impartial judge.

    Permalink to quote #30
  3. Old religious factions are volcanoes burnt out.

    Permalink to quote #27

Related quotes

  1. The law is not a series of calculating machines where answers come tumbling out when the right levers are pushed.

    William O. DouglasWilliam O. Douglas quote #2
  2. Equity is a roguish thing. For Law we have a measure, know what to trust to; Equity is according to the conscience of him that is Chancellor, and as that is la…

    John SeldenJohn Selden quote #6
  3. It is of course true that any kind of judicial legislation is objectionable on the score of the limited interests which a Court can represent, yet there are wr…

    Learned HandLearned Hand quote #6