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James Fitzjames Stephen

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Men have an all but incurable propensity to try to prejudge all the great questions which interest them by stamping their prejudices upon their language. Law, in many cases, means not only a command, but a beneficent command. Liberty means not the bare absence of restraint, but the absence of injurious restraint. Justice means not mere impartiality in applying general rules to particular cases, but impartiality in applying beneficent general rules to particular cases. Some people half consciously use the word "true" as meaning useful as well as true. Of course language can never be made absolutely neutral and colourless; but unless its ambiguities are understood, accuracy of thought is impossible, and the injury done is proportionate to the logical force and general vigour of character of those who are misled.
--
Ch. 4

 
James Fitzjames Stephen

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That government only can be pronounced consistent with the design of all government, which allows to the governed the liberty of doing what, consistently with the general good, they may desire to do, and which only forbids their doing the contrary. Liberty does not exclude restraint; it only excludes unreasonable restraint. To determine precisely how far personal liberty is compatible with the general good, and of the propriety of social conduct in all cases, is a matter of great extent, and demands the united wisdom of a whole people. And the consent of the whole people, as far as it can be obtained, is indispensably necessary to every law, by which the whole people are to be bound; else the whole people are enslaved to the one, or the few, who frame the laws for them.

 
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That the tragical fate of Tom, also, has too many times had its parallel, there are living witnesses, all over our land, to testify. Let it be remembered that in all southern states it is a principle of jurisprudence that no person of colored lineage can testify in a suit against a white, and it will be easy to see that such a case may occur, wherever there is a man whose passions outweigh his interests, and a slave who has manhood or principle enough to resist his will. There is, actually, nothing to protect the slave's life, but the character of the master. Facts too shocking to be contemplated occasionally force their way to the public ear, and the comment that one often hears made on them is more shocking than the thing itself. It is said, "Very likely such cases may now and then occur, but they are no sample of general practice." If the laws of New England were so arranged that a master could now and then torture an apprentice to death, would it be received with equal composure? Would it be said, "These cases are rare, and no samples of general practice"? This injustice is an inherent one in the slave system, — it cannot exist without it.

 
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