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Antonin Scalia

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If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong.
--
Speech at Chapman Law School, August 2005.

 
Antonin Scalia

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When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.

 
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The officer of today has seen active service, it's true but as a matter of fact it is quite sufficient in war to have good health and no more imagination than a fish. It is in peace-time that one ought to judge a soldier.

 
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Though doing no wrong to any one, a person may so act as to compel us to judge him, and feel to him, as a fool, or as a being of an inferior order: and since this judgment and feeling are a fact which he would prefer to avoid, it is doing him a service to warn him of it beforehand, as of any other disagreeable consequence to which he exposes himself. It would be well, indeed, if this good office were much more freely rendered than the common notions of politeness at present permit, and if one person could honestly point out to another that he thinks him in fault, without being considered unmannerly or presuming.

 
John Stuart Mill
 

A savage (or primitive) man, questioned (or asked) on what is good and what is wrong, answered: 'Right is when I defeat (or beat or hit) and deprive (or strip) others; wrong is when I am beated and deprived by them.' This is ("c'est l?," Fr.) the voice of the natural man, who does not understand that good is always good, and wrong is always wrong, whether it happens to ourselves or it happens to others.*

 
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What I did was restate the law. I was talking about a situation in which the Bureau of Alcohol, Tobacco and Firearms comes smashing into a house, doesn't say who they are, and their guns are out, they're shooting, and they're in the wrong place. This has happened time and time again. The ATF has gone in and gotten the wrong guy in the wrong place. The law is that if somebody is shooting at you, using deadly force, the mere fact that they are a law enforcement officer, if they are in the wrong, does not mean you are obliged to allow yourself to be killed so your kinfolk can have a wrongful death action. You are legally entitled to defend yourself and I was speaking of exactly those kind of situations. If you're going to do that, you should know that they're wearing body armor so you should use a head shot. Now all I'm doing is stating the law, but all the nuances in there got left out when the story got repeated.

 
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