Alexander Cockburn, 12. Baronet Zitate (13 Zitate)

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“I readily admit that the law which requires presumption or custom to be carried back for a period of nearly 700 years, is a bad and mischievous law, and one which is discreditable to us as a civilised and enlightened people, but such is the law; and while it so continues, I consider myself, in administering it, as bound to administer it as I find it; nor do I feel myself warranted in undermining or frittering it away by subtle fictions or artificial presumptions inconsistent with truth and fact.”

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Sir Alexander Cockburn, 12th Baronet

Bryant v. Foot (1867), 15 W. R. 425; S. C. L. R. 2 Q. B. Ca. 179.

“Although the decisions of the American Courts are of course not binding on us, yet the sound and enlightened views of American lawyers in the administration and development of the law—a law, except so far as altered by statutory enactment, derived from a common source with our own—entitle their decisions to the utmost respect and confidence on our part.”

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Sir Alexander Cockburn, 12th Baronet

Scaramanga v. Stamp (1880), L. R. 5 Com. PI. Div. 303.

“It is true, as Mr. Folkard put to us, as the Judges of old felt, there are instances in which discretionary power might be grievously abused, and was abused in times such as I trust this country will never see again. At the same time, men are open to the infirmities which unfortunately attach to human nature. There may be dishonest and corrupt Judges among us, though I trust to God that will never happen. I agree you are to frame your rules so as to keep the administration of justice as far as you can beyond the possibility of corruption. On the other hand, if a rule is essential for the convenient administration of justice, you must trust to the honesty of those to whom you commit that most important department of the State. You must trust to the means you have of punishing corruption and dishonesty if you find it operating on the minds of those judicial officers.”

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Sir Alexander Cockburn, 12th Baronet

Reg. v. Charlotte Winsor (1866), 10 Cox. C. C. 313.

“When a man is asked if he is an esquire, and he answers that he is an esquire, the general understanding is that he is a person of no profession or occupation.”

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Sir Alexander Cockburn, 12th Baronet

Perrins v. Marine and General Travellers' Ins. Co. (1859), L. T. Rep. (N. S.) Vol. 1, p. 27.

“I think the old, sound, and honest maxim that "you shall not do evil that good may come," is applicable in law as well as in morals.”

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Sir Alexander Cockburn, 12th Baronet

Reg. v. Hicklin and another (1868), 11 Cox, C. C. 27; S. C. 3 L. R. Q. B. 372; reported in Dictionary of Legal Quotations (1904) by James William Norton-Kyshe, p. 92.

“A Judge cannot set himself above the law which he has to administer, or make or mould it to suit the exigencies of a particular occasion.”

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Sir Alexander Cockburn, 12th Baronet

Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.

“A man might as well play for nothing as work for nothing.”

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Sir Alexander Cockburn, 12th Baronet

In an obituary, Canada Law Journal, January 1, 1881, p. 11. According to the journal: "[Cockburn] subsequently acquired a large practice in London in railway and election cases. Although he did his best for his clients, he was careful that they should do their duty by him, and the story is told that on one occasion, when an election committee met, Mr. Cockburn, the counsel for one of the parties, was absent because his fee had not accompanied the brief and the only message left was that he had gone to the Derby, with the remark that 'A man might as well play for nothing as work for nothing'".
Attributed

“The impulsive desire to save human life when in peril is one of the most beneficial instincts of humanity, and is nowhere more salutary in its results than in bringing help to those who, exposed to destruction from the fury of winds and waves, would perish if left without assistance.”

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Sir Alexander Cockburn, 12th Baronet

Scaramanga v. Stamp (1880), L. R. 5 Com. PI. Div. 304.

“Writers on international law... cannot make the law … it must have received the assent of the nations who are to be bound by it. This assent may be express … or may be implied from established usage.”

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Sir Alexander Cockburn, 12th Baronet

The Queen v. Keyn; "The Franconia" (1876), 2 L. R. Ex. D. 202.

“In a criminal proceeding the question is not alone whether substantial justice has been done, but whether justice has been done according to law. All proceedings in poenam are, it need scarcely be observed, strictissimi juris; nor should it be forgotten that the formalities of law, though here and there they may lead to the escape of an offender, are intended on the whole to insure the safe administration of justice and the protection of innocence, and must be observed. A party accused has the right to insist on them as matter of right, of which he cannot be deprived against his will; and the Judge must see that they are followed.”

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Sir Alexander Cockburn, 12th Baronet

Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.