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It is the peculiar province of the legislature to prescribe general rules for the government of society; the application of those rules to individuals in society would seem to be the duty of other departments.
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Fletcher v. Peck, 10 U.S. (6 Cranch) 87, 128 (1810)

 

John Marshall

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The likings and dislikings of society, or of some powerful portion of it, are thus the main thing which has practically determined the rules laid down for general observance, under the penalties of law or opinion. And in general, those who have been in advance of society in thought and feeling, have left this condition of things unassailed in principle, however they may have come into conflict with it in some of its details. They have occupied themselves rather in inquiring what things society ought to like or dislike, than in questioning whether its likings or dislikings should be a law to individuals. They preferred endeavouring to alter the feelings of mankind on the particular points on which they were themselves heretical, rather than make common cause in defence of freedom, with heretics generally.

 

John Stuart Mill

 

Libertarianism is not libertinism or hedonism. It is not a claim that "people can do anything they want to, and nobody else can say anything." Rather, libertarianism proposes a society of liberty under law, in which individuals are free to pursue their own lives so long as they respect the equal rights of others. The rule of law means that individuals are governed by generally applicable and spontaneously developed legal rules, not by arbitrary commands; and that those rules should protect the freedom of individuals to pursue happiness in their own ways, not aim at any particular result or outcome.

 

David Boaz

 

From the point of view of the practice or application of rules four successive stages can be distinguished.
A first stage of a purely motor and individual character, during which the child handles the marbles at the dictation of his desires and motor habits. This leads to the formation of more or less ritualized schemas, but since play is still purely individual, one can only talk of motor rules and not of truly collective rules.
The second may be called egocentric for the following reasons. This stage begins at the moment when the child receives from outside the example of codified rules, that is to say, some time between the ages of two and five. But though the child imitates this example, he continues to play either by himself without bothering to find play-fellows, or with others, but without trying to win, and therefore without attempting to unify the different ways of playing. In other words, children of this stage, even when they are playing together, play each one "on his own " (everyone can win at once) and without regard for any codification of rules. This dual character, combining imitation of others with a purely individual use of the examples received, we have designated by the term Egocentrism.
A third stage appears between 7 and 8, which we shall call the stage of incipient cooperation. Each player now tries to win, and all, therefore, begin to concern themselves with the question of mutual control and of unification of the rules. But while a certain agreement may be reached in the course of one game, ideas about the rules in general are still rather vague. In other words, children of 7-8, who belong to the same class at school and are therefore constantly playing with each other, give, when they are questioned separately, disparate and often entirely contradictory accounts of the rules observed in playing marbles.
Finally, between the years of 11 and 12, appears a fourth stage, which is that of the codification of rules. Not only is every detail of procedure in the game fixed, but the actual code of rules to be observed is known to the whole society. There is remarkable concordance in the information given by children of 10-12 belonging to the same class at school, when they are questioned on the rules of the game and their possible variations.

 

Jean Piaget

 

For the fundamental fact of human psychology is that society, instead of remaining almost entirely inside the individual organism as in the case of animals prompted by their instincts, becomes crystallized almost entirely outside the individuals. In other words, social rules, as Durkheim has so powerfully shown, whether they be linguistic, moral, religious, or legal, etc., cannot be constituted, transmitted or preserved by means of an internal biological heredity, but only through the external pressure exercised by individuals upon each other.

 

Jean Piaget

 

[T]he constitution controls any legislative act repugnant to it. . . . It is emphatically the province and duty of the judicial department to say what the law is. . . . So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty. . . . Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions . . . It would be giving the legislature a practical and real omnipotence . . . The judicial power of the United States is extended to all cases arising under the constitution.

 

John Marshall