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In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.
Robert Bork
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Interpretation

What this quote means

Laws should reflect the intentions of lawmakers rather than judges' personal morals.

This quote suggests that in a constitutional democracy, it is essential for the laws to be rooted in the values and intentions of those who create them (the framers or legislators), rather than being influenced by the subjective moral interpretations of judges. This perspective highlights the importance of democratic principles and the role of lawmakers in shaping the legal framework of society.

Themes

LawDemocracyMoralityJudgesLegislators

In practice

Example use cases

In a discussion on judicial activism, this quote can be used to emphasize the importance of adhering to the law as intended by its creators.

More from Robert Bork

The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
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A society deadened by a smothering network of laws while finding release in moral chaos is not likely to be either happy or stable.
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When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions
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