Great Throughts Treasury

This site is dedicated to the memory of Dr. Alan William Smolowe who gave birth to the creation of this database.

James Fitzjames Stephen, fully Sir James Fitzjames Stephen

English Lawyer, Judge and Writer

"Wisdom may be the ultimate arbiter, but is seldom the immediate agent in human affairs."

"Every man has in himself a continent of undiscovered character. Happy is he who acts the Columbus to his own soul."

"A liberal conservative is a man who thinks things ought to progress but would rather they remained as they are."

"A well-judging man will open his trunk-line of study in such a direction that, while habitually adhering to it, he may enjoy a ready access to such other fields of knowledge as are most nearly related to it."

"History is the complement of poetry."

"I am not the advocate of Slavery, Caste, and Hatred, nor do I deny that a sense may be given to the words, Liberty, Equality, and Fraternity, in which they may be regarded as good. I wish to assert with respect to them two propositions. First, that in the present day even those who use those words most rationally — that is to say, as the names of elements of social life which, like others, have their advantages and disadvantages according to time, place, and circumstance — have a great disposition to exaggerate their advantages and to deny the existence, or at any rate to underrate the importance, of their disadvantages. Next, that whatever signification be attached to them, these words are ill-adapted to be the creed of a religion, that the things which they denote are not ends in themselves, and that when used collectively the words do not typify, however vaguely, any state of society which a reasonable man ought to regard with enthusiasm or self-devotion."

"I believe that many men are bad, a vast majority of men indifferent, and many good, and that the great mass of indifferent people sway this way or that according to circumstances."

"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."

"Originality does not consist in saying what no one has ever said before, but in saying exactly what you think yourself."

"Parliamentary government is simply a mild and disguised form of compulsion. We agree to try strength by counting heads instead of breaking heads, but the principle is exactly the same... The minority gives way not because it is convinced that it is wrong, but because it is convinced that it is a minority."

"Not only are the varieties of morality innumerable, but some of them are conflicting with each other."

"Persuasion, indeed, is a kind of force. It consists in showing a person the consequences of his actions. It is, in a word, force applied through the mind."

"Power and courtly influence form an intoxicating draught even when raised to the lips of an ascetic and a saint."

"The criminal law stands to the passion of revenge in much the same relation as marriage to the sexual appetite."

"The man who works from himself outwards, whose conduct is governed by ordinary motives, and who acts with a view to his own advantage and the advantage of those who are connected with himself in definite, assignable ways, produces in the ordinary course of things much more happiness to others (if that is the great object of life) than a moral Don Quixote who is always liable to sacrifice himself and his neighbours."

"The result of cutting [political power] up into little bits is simply that the man who can sweep the greatest number into one heap will govern the rest... In a pure democracy the ruling men will be the wirepullers and their friends; but they will no more be on an equality with the voters than soldiers of Ministers of State are on an equality with the subjects of monarchy."

"The things which cannot be adequately represented by words are more important than those which can."

"The way in which the man of genius rules is by persuading an efficient minority to coerce an indifferent and self-indulgent majority."

"To me this question whether liberty is a good or a bad thing appears as irrational as the question whether fire is a good or a bad thing. It is both good and bad according to time, place, and circumstance, and a complete answer to the question, In what cases is liberty good and in what cases is it bad? would involve not merely a universal history of mankind, but a complete solution of the problems which such a history would offer."

"To say that the law of force is abandoned because force is regular, unopposed, and beneficially exercised, is to say that day and night are now such well-established institutions that the sun and moon are mere superfluities."

"Thus hope, aided by imagination, makes one man a hero, another a somnambulist, and a third a lunatic; while it renders them all enthusiasts."

"To try to make men equal by altering social arrangements is like trying to make the cards of equal value by shuffling the pack."

"To try to regulate the internal affairs of a family, the relations of love or friendship, or many other things of the same sort, by law or by the coercion of public opinion, is like trying to pull an eyelash out of a man’s eye with a pair of tongs. They may put out the eye, but they will never get hold of the eyelash"

"Used with due abstinence, hope acts as a healthful tonic; intemperately indulged, as an enervating opiate. The visions of future triumph, which at first animate exertion, if dwelt upon too intently, will usurp the place of the stern reality; and, noble objects will be contemplated, not for their own inherent worth, but on account of the day-dreams they engender. Thus hope, aided by imagination, makes one man a hero, another a somnambulist, and a third a lunatic; while it renders them all enthusiasts."