H. L. Mencken Law Quotations

Conscience is a mother-in-law whose visit never ends.

A judge is a law student who marks his own examination papers.

Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner

Equality before the law is probably forever unattainable. It is a noble ideal, but it can never be realized, for what men value in this world is not rights but privileges.

Every lynching deprives its victim of his life without due process of law, and denies him an equal protection of the law. The States are charged with punishing all such invasions as the common rights of the citizens, but some of them have failed in their effort to do so, and others have not honestly tried. Meanwhile, lynchings continue, and though they do not increase in number, they show some tendency to increase in savagery.

Culture itself is neither education nor law-making: it is an atmosphere and a heritage.

No one ever heard of the truth being enforced by law. When the secular is called in to sustain an idea, whether new or old, it is always a bad idea, and not infrequently it is downright idiotic.

Liberty ... was a two-headed boon. There was first, the liberty of the people as a whole to determine the forms of their own government, to levy their own taxes, and to make their own laws.... There was second, the liberty of the individual man to live his own life, within the limits of decency and decorum, as he pleased -- freedom from the despotism of the majority.

Under the pressure of fanaticism, and with the mob complacently applauding the show, democratic law tends more and more to be grounded upon the maxim that every citizen is, by nature, a traitor, a libertine, and a scoundrel. In order to dissuade him from his evil-doing the police power is extended until it surpasses anything ever heard of in the oriental monarchies of antiquity.

There is, in fact, no reason to believe that any given natural phenomenon, however marvelous it may seem today, will remain forever inexplicable. Soon or late the laws governing the production of life itself will be discovered in the laboratory, and man may set up business as a creator on his own account. The thing, indeed, is not only conceivable; it is even highly probable.

The law is a sort of hocus-pocus science that smiles in your face while it picks your pocket.

One of the main purposes of laws in a democratic society is to put burdens upon intelligence and reduce it to impotence. Ostensibly, their aim is to penalize anti-social acts; actually their aim is to penalize heretical opinions. At least ninety-five Americans out of every 100 believe that this process is honest and even laudable; it is practically impossible to convince them that there is anything evil in it. In other words, they cannot grasp the concept of liberty.

Whenever "A" attempts by law to impose his moral standards upon "B," "A" is most likely a scoundrel.

The whole drift of our law is toward the absolute prohibition of all ideas that diverge in the slightest form from the accepted platitudes, and behind that drift of law there is a far more potent force of growing custom, and under that custom there is a natural philosophy which erects conformity into the noblest of virtues and the free functioning of personality into a capital crime against society.

It is the invariable habit of bureaucracies, at all times and everywhere, to assume...that every citizen is a criminal. Their one apparent purpose, pursued with a relentless and furious diligence, is to convert the assumption into a fact. They hunt endlessly for proofs, and, when proofs are lacking, for mere suspicions. The moment they become aware of a definite citizen, John Doe, seeking what is his right under the law, they begin searching feverishly for an excuse for withholding it from him.

Law and its instrument, government, are necessary to the peace and safety of all of us, but all of us, unless we live the lives of mud turtles, frequently find them arrayed against us...

Women have a hard time of it in this world. They are oppressed by man-made laws, man-made social customs, masculine egoism, the delusion of masculine superiority. Their one comfort is the assurance that, even though it may be impossible to prevail against man, it is always possible to enslave and torture a man.

A mood of constructive criticism being upon me, I propose forthwith that the method of choosing legislators now prevailing in the United States be abandoned and that the method used in choosing juries be substituted. That is to say, I propose that the men who make our laws be chosen by chance and against will of all the rest of us, as now.

If what I may believe - about gall-stones, the Constitution, castor oil, or God - is conditioned by law, then I am not a free man.

It takes no more actual sagacity to carry on the everyday hawking and haggling of the world, or to ladle out its normal doses of bad medicine and worse law, than it takes to operate a taxicab or fry a pan of fish.

Five years of Prohibition have had, at least, this one benign effect: they have completely disposed of all the favorite arguments of the Prohibitionists. None of the great boons and usufructs that were to follow the passage of the Eighteenth Amendment has come to pass. There is not less drunkenness in the Republic, but more. There is not less crime, but more. There is not less insanity, but more. The cost of government is not smaller, but vastly greater. Respect for law has not increased, but diminished.

The legislature, like the executive, has ceased to be even the creature of the people: it is the creature of pressure groups, and most of them, it must be manifest, are of dubious wisdom and even more dubious honesty. Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner. The typical lawmaker of today is a man wholly devoid of principle

Since the early days, [the church] has thrown itself violently against every effort to liberate the body and mind of man. It has been, at all times and everywhere, the habitual and incorrigible defender of bad governments, bad laws, bad social theories, bad institutions. It was, for centuries, an apologist for slavery, as it was an apologist for the divine right of kings.

The storm center of lawlessness in every American State is the State Capitol. It is there that the worst crimes are committed; it is there that lawbreaking attains to the estate and dignity of a learned profession; it is there that contempt for the laws is engendered, fostered, and spread broadcast.

It is the fundamental theory of all the more recent American law...that the average citizen is half-witted, and hence not to be trusted to either his own devices or his own thoughts.