Legal Quotes

“One day in my pharmacology class, we were discussing the possibility of legalizing marijuana. The class was pretty evenly divided between those that advocated legalizing marijuana and those that did not. The professor said he wanted to hear from a few people on both sides of the argument. A couple students had the opportunity to stand in front of the class and present their arguments. One student got up and spoke about how any kind of marijuana use was morally wrong and how nobody in the class could give him any example of someone who needed marijuana.
A small girl in the back of the classroom raised her hand and said that she didn’t want to get up, but just wanted to comment that there are SOME situations in which people might need marijuana. The same boy from before spoke up and said that she needed to back up her statements and that he still stood by the fact that there wasn’t anyone who truly needed marijuana.
The same girl in the back of the classroom slowly stood up. As she raised her head to look at the boy, I could physically see her calling on every drop of confidence in her body. She told us that her husband had cancer. She started to tear up, as she related how he couldn’t take any of the painkillers to deal with the radiation and chemotherapy treatments. His body was allergic and would have violent reactions to them. She told us how he had finally given in and tried marijuana. Not only did it help him to feel better, but it allowed him to have enough of an appetite to get the nutrients he so desperately needed.
She started to sob as she told us that for the past month she had to meet with drug dealers to buy her husband the only medicine that would take the pain away. She struggled every day because according to society, she was a criminal, but she was willing to do anything she could to help her sick husband. Sobbing uncontrollably now, she ran out of the classroom. The whole classroom sat there in silence for a few minutes. Eventually, my professor asked, “Is there anyone that thinks this girl is doing something wrong?” Not one person raised their hand.”
― Daniel Willey

“This vacillation between assertion and denial in discussions about organised abuse can be understood as functional, in that it serves to contain the traumatic kernel at the heart of allegations of organised abuse. In his influential ‘just world’ theory, Lerner (1980) argued that emotional wellbeing is predicated on the assumption that the world is an orderly, predictable and just place in which people get what they deserve. Whilst such assumptions are objectively false, Lerner argued that individuals have considerable investment in maintaining them since they are conducive to feelings of self—efficacy and trust in others. When they encounter evidence contradicting the view that the world is just, individuals are motivated to defend this belief either by helping the victim (and thus restoring a sense of justice) or by persuading themselves that no injustice has occurred. Lerner (1980) focused on the ways in which the ‘just world’ fallacy motivates victim-blaming, but there are other defences available to bystanders who seek to dispel troubling knowledge. Organised abuse highlights the severity of sexual violence in the lives of some children and the desire of some adults to inflict considerable, and sometimes irreversible, harm upon the powerless. Such knowledge is so toxic to common presumptions about the orderly nature of society, and the generally benevolent motivations of others, that it seems as though a defensive scaffold of disbelief, minimisation and scorn has been erected to inhibit a full understanding of organised abuse.
Despite these efforts, there has been a recent resurgence of interest in organised abuse and particularly ritualistic abuse (eg Sachs and Galton 2008, Epstein et al. 2011, Miller 2012).”
― Michael Salter, Organised Sexual Abuse

“The more laws that are created, the closer we get to lawlessness.”
― J.S.B. Morse, Gods of Ruin

“The crisis of European jurisprudence began a century ago with the victory of legal positivism.”
― Carl Schmitt, The Plight of European Jurisprudence

“And that’s the terrible myth of organized society. That everything that’s done through the established system is legal. And that word has a powerful psychological impact. It makes people believe that there is an order to life and an order to a system. And that a person who goes through this order and is convicted has gotten all that is due him and therefore society can turn its conscious off and look to other things and other times. And that’s the terrible thing about these past trials that they have this aura of legitimacy an aura of legality. I suspect that better men than the world has known and more of them have gone to their deaths through a legal system then through all the illegalities in the history of man. Six million people in Europe during the Third Reich, legal, Sacco and Vanzetti, quite legal, the Haymarket defendants, legal, the hundreds of rape trials throughout the south where black men were condemned to death all legal, Jesus legal, Socrates legal and that is the kaleidoscopic nature of what we live through here and in other places because all tyrants learn that it is far better to do this thing through some semblance of legality than to do it without that pretext.”
― William M. Kunstler

“Never trust a man who dresses too well or stays too clean. It ain't natural and whatever he's up to probably ain't legal.”
― Sue Merrell, One Shoe Off

“Some things are easier to legalize than to legitimate.”
― Nicolas Chamfort

“Frosh (2002) has suggested that therapeutic spaces provide children and adults with the rare opportunity to articulate experiences that are otherwise excluded from the dominant symbolic order. However, since the 1990s, post-modern and post-structural theory has often been deployed in ways that attempt to ‘manage’ from; afar the perturbing disclosures of abuse and trauma that arise in therapeutic spaces (Frosh 2002). Nowhere is this clearer than in relation to organised abuse, where the testimony of girls and women has been deconstructed as symptoms of cultural hysteria (Showalter 1997) and the colonisation of women’s minds by therapeutic discourse (Hacking 1995). However, behind words and discourse, ‘a real world and real lives do exist, howsoever we interpret, construct and recycle accounts of these by a variety of symbolic means’ (Stanley 1993: 214).
Summit (1994: 5) once described organised abuse as a ‘subject of smoke and mirrors’, observing the ways in which it has persistently defied conceptualisation or explanation.
Explanations for serious or sadistic child sex offending have typically rested on psychiatric concepts of ‘paedophilia’ or particular psychological categories that have limited utility for the study of the cultures of sexual abuse that emerge in the families or institutions in which organised abuse takes pace. For those clinicians and researchers who take organised abuse seriously, their reliance upon individualistic rather than sociological explanations for child sexual abuse has left them unable to explain the emergence of coordinated, and often sadistic, multi—perpetrator sexual abuse in a range of contexts around the world.”
― Michael Salter, Organised Sexual Abuse

“Harming one’s unalienable rights in order to serve justice is injustice.”
― J.S.B. Morse, Gods of Ruin

“Some readers may find it a curious or even unscientific endeavour to craft a criminological model of organised abuse based on the testimony of survivors. One of the standard objections to qualitative research is that participants may lie or fantasise in interview, it has been suggested that adults who report severe child sexual abuse are particularly prone to such confabulation. Whilst all forms of research, whether qualitative or quantitative, may be impacted upon by memory error or false reporting. there is no evidence that qualitative research is particularly vulnerable to this, nor is there any evidence that a fantasy— or lie—prone individual would be particularly likely to volunteer for research into child sexual abuse. Research has consistently found that child abuse histories, including severe and sadistic abuse, are accurate and can be corroborated (Ross 2009, Otnow et al. 1997, Chu et al. 1999). Survivors of child abuse may struggle with amnesia and other forms of memory disturbance but the notion that they are particularly prone to suggestion and confabulation has yet to find a scientific basis. It is interesting to note that questions about the veracity of eyewitness evidence appear to be asked far more frequently in relation to sexual abuse and rape than in relation to other crimes. The research on which this book is based has been conducted with an ethical commitment to taking the lives and voices of survivors of organised abuse seriously.”
― Michael Salter, Organised Sexual Abuse

“I believe that there is something in all of us that is seeking expression, that wants to be heard, that wants to be accepted and respected and loved. We each express ourselves in different ways - through manipulation or domination, through receiving and giving pain, through crying, through loving, through giving hope and inspiration to others. We are all seeking the same thing - expression of who we are and what we want from this life.”
― Robin D. Hart, Warning! Proceed With Caution Into the Practice of Law

“Law firms can create environments for abusive relationships. This is especially true if an attorney has no self-direction, has no independent means of financial support, and has massive student loan indebtedness. You've basically made yourself an indentured servant.”
― Robin D. Hart, Warning! Proceed With Caution Into the Practice of Law

“And to fight this beast of wrong is what I intend to do. To do otherwise is to sidestp this rabid injustice.”
― John-Talmage Mathis, I Deal to Plunder - A ride through the boom town

“Legality has become a poisonous dagger, with which one party stabs the other in the back.”
― Carl Schmitt, The Plight of European Jurisprudence

“Today, acknowledgement of the prevalence and harms of child sexual abuse is counterbalanced with cautionary tales about children and women who, under pressure from social workers and therapists, produce false allegations of ‘paedophile rings’, ‘cult abuse’ and ‘ritual abuse’. Child protection investigations or legal cases involving allegations of organised child sexual abuse are regularly invoked to illustrate the dangers of ‘false memories’, ‘moral panic’ and ‘community hysteria’. These cautionary tales effectively delimit the bounds of acceptable knowledge in relation to sexual abuse. They are circulated by those who locate themselves firmly within those bounds, characterising those beyond as ideologues and conspiracy theorists.
However firmly these boundaries have been drawn, they have been persistently transgressed by substantiated disclosures of organised abuse that have led to child protection interventions and prosecutions. Throughout the 1990s, in a sustained effort to redraw these boundaries, investigations and prosecutions for organised abuse were widely labelled ‘miscarriages of justice’ and workers and therapists confronted with incidents of organised abuse were accused of fabricating or exaggerating the available evidence. These accusations have faded over time as evidence of organised abuse has accumulated, while investigatory procedures have become more standardised and less vulnerable to discrediting attacks. However, as the opening quotes to this introduction illustrate, the contemporary situation in relation to organised abuse is one of considerable ambiguity in which journalists and academics claim that organised abuse is a discredited ‘moral panic’ even as cases are being investigated and prosecuted.”
― Michael Salter, Organised Sexual Abuse

“All I wanted to do was hide away from the world, but I still had a role to play. I had to be 'Girl A' - the key witness in the trial that finally saw my abusers locked up. Girl A - the girl in the newspaper stories who had been through the most hideous experience imaginable. When I read those stories, I felt like I was reading about somebody else, another girl who was subjected to the depths of human depravity. But it wasn't. It was about me. I am Girl A.”
― Girl A, Girl A: My Story

“In court the next morning I sat at a table in the judge’s chambers. On the other side of the table, close enough for me to reach across and touch him, sat Ted Bundy. He’s adorable, I thought, surprised at my first impression, because I’d pictured him in my mind as brooding, dark, intense disdain (p. 83).
(Loftus testified as a defense expert for Ted Bundy in 1976, Bundy was found guilty of aggravated kidnapping)”
― Elizabeth F. Loftus, Witness for the Defense: The Accused, the Eyewitness, and the Expert Who Puts Memory on Trial

“Well before she became famous — or infamous, depending on where you cast your vote — Loftus's findings on memory distortion were clearly commodifiable. In the 1970s and 1980s she provided assistance to defense attorneys eager to prove to juries that eyewitness accounts are not the same as camcorders. "I've helped a lot of people," she says. Some of those people: the Hillside Strangler, the Menendez brothers, Oliver North, Ted Bundy. "Ted Bundy?" I ask, when she tells this to me. Loftus laughs. "This was before we knew he was Bundy. He hadn't been accused of murder yet." "How can you be so confident the people you're representing are really innocent?" I ask. She doesn't directly answer. She says, "In court, I go by the evidence.... Outside of court, I'm human and entitled to my human feelings. "What, I wonder are her human feelings about the letter from a child-abuse survivor who wrote, "Let me tell you what false memory syndrome does to people like me, as if you care. It makes us into liars. False memory syndrome is so much more chic than child abuse.... But there are children who tonight while you sleep are being raped, and beaten. These children may never tell because 'no one will believe them.'" "Plenty of "Plenty of people will believe them," says Loftus. Pshaw! She has a raucous laugh and a voice with a bit of wheedle in it. She is strange, I think, a little loose inside. She veers between the professional and the personal with an alarming alacrity," she could easily have been talking about herself.”
― Lauren Slater, Opening Skinner's Box: Great Psychological Experiments of the Twentieth Century

“Change cannot and will not happen overnight. But the intent to evolve will produce opportunities for growth.”
― Robin D. Hart, Warning! Proceed With Caution Into the Practice of Law

“But none of these men before you acted in minor parts. Each of them was entrusted with broad discretion and exercised great power. Their responsibility is correspondingly great and may not be shifted to that fictional being, “the State”, which cannot be produced for trial, cannot testify, and cannot be sentenced.”
― Robert H. Jackson, The Case Against The Nazi War Criminals: Opening Statement for the United States of America.

“Hauriou, became a crown witness for us when he confirmed this connection in 1916, in the midst of WWI: “The revolution of 1789 had no other goal than absolute access to the writing of legal statutes and the systematic destruction of customary institutions. It resulted in a state of permanent revolution because the mobility of the writing of laws did not provide for the stability of certain customary institutions, because the forces of change were stronger than the forces of stability. Social and political life in France was completely emptied of institutions and was only able to provisionally maintain itself by sudden jolts spurred by the heightened morality.”
― Carl Schmitt, The Plight of European Jurisprudence

“The thought had occurred to me as I was flying to Salt Lake City earlier that day that Ted Bundy might offer to let me stay in his apartment” (p. 74).
(Loftus testified as a defense expert for Ted Bundy in 1976)”
― Elizabeth F. Loftus, Witness for the Defense: The Accused, the Eyewitness, and the Expert Who Puts Memory on Trial

“You don’t look like much, but they say you murdered that other chick.”
Treating Murder”
― Gabrielle Black, Treating Murder

“The motorization of law into mere decree was not yet the culmination of simplifications and accelerations. New accelerations were produced by market regulations and state control of the economy —with their numerous and transferable authorizations and subauthorizations to various offices, associations and commissions concerned with economic decisions. Thus in Germany, the concept of “directive” appeared next to the concept of “decree.” This was “the elastic form of legislation,” surpassing the decree in terms of speed and simplicity. Whereas the decree was called a “motorized law,” the directive became a “motorized decree.” Here independent, purely positivist jurisprudence lost its freedom of maneuver. Law became a means of planning, an administrative act, a directive.”
― Carl Schmitt, The Plight of European Jurisprudence

“The essence and value of the law lies in its stability and durability (...), in its “relative eternity.” Only then does the legislator’s self-limitation and the independence of the law-bound judge find an anchor. The experiences of the French Revolution showed how an unleashed pouvoir législatif could generate a legislative orgy.”
― Carl Schmitt, The Plight of European Jurisprudence

“Allegations of multi-perpetrator and multi-victim sexual abuse emerged to public awareness in the early 1980s contemporaneously with the denials of the accused and their supporters. Multi-perpetrator sexual offences are typically more sadistic than solo offences and organised sexual abuse is no exception. Adults and children with histories of organised abuse have described lives marked by torturous and sometimes ritualistic sexual abuse arranged by family members and other care-givers and authority figures. It is widely acknowledged, at least in theory, that sexual abuse can take severe forms, but when disclosures of such abuse occur, they are routinely subject to contestation and challenge. People accused of organised, sadistic or ritualistic abuse have protested that their accusers are liars and fantasists, or else innocents led astray by overly zealous investigators. This was an argument that many journalists and academics have found more convincing than the testimony of alleged victims.”
― Michael Salter, Organised Sexual Abuse

“Two other highly vocal FMSF Advisory Board members are Dr Elizabeth Loftus and Professor Richard Ofshe. Loftus is a respected academic psychologist whose much quoted laboratory experiment of successfully implanting a fictitious childhood memory of being lost in a shopping mall is frequently used to defend the false memory syndrome argument. In the experiment, older family members persuaded younger ones of the (supposedly) never real event. However, Loftus herself says that being lost, which almost everyone has experienced, is in no way similar to being abused. Jennifer Freyd comments on the shopping mall experiment in Betrayal Trauma (1996): “If this demonstration proves to hold up under replication it suggests both that therapists can induce false memories and, even more directly, that older family members play a powerful role in defining reality for dependent younger family members." (p. 104). Elizabeth Loftus herself was sexually abused as a child by a male babysitter and admits to blacking the perpetrator out of her memory, although she never forgot the incident. In her autobiography, Witness for the Defence, she talks of experiencing flashbacks of this abusive incident on occasion in court in 1985 (Loftus &Ketcham, 1991, p.149)
In her teens, having been told by an uncle that she had found her mother's drowned body, she then started to visualize the scene. Her brother later told her that she had not found the body. Dr Loftus's successful academic career has run parallel to her even more high profile career as an expert witness in court, for the defence of those accused of rape, murder, and child abuse. She is described in her own book as the expert who puts memory on trial, sometimes with frightening implications.
She used her theories on the unreliability of memory to cast doubt, in 1975, on the testimony of the only eyewitness left alive who could identify Ted Bundy, the all American boy who was one of America's worst serial rapists and killers (Loftus & Ketcham, 1991, pp. 61-91). Not withstanding Dr Loftus's arguments, the judge kept Bundy in prison. Bundy was eventually tried, convicted and executed.”
― Valerie Sinason, Memory in Dispute

“The difference between politics and religion is that the first makes it legal to hate, and makes the love of the second illegal.”
― Rebecca McKinsey

“True law is not imposed; it arises from unintentional developments. (...)Law emerges (...) as something not merely legislated but given. The later positivism knows no origin and has no home. It recognizes only causes or basic norms. It seeks to be the opposite of “unintended” law. Its ultimate goal is control and calculability.”
― Carl Schmitt, The Plight of European Jurisprudence

“As mandatory reporting laws and community awareness drove an increase its child protection investigations throughout the 1980s, some children began to disclose premeditated, sadistic and organised abuse by their parents, relatives and other caregivers such as priests and teachers (Hechler 1988). Adults in psychotherapy described similar experiences. The dichotomies that had previously associated organised abuse with the dangerous, external ‘Other’ had been breached, and the incendiary debate that followed is an illustration of the depth of the collective desire to see them restored. Campbell (1988) noted the paradox that, whilst journalists and politicians often demand that the authorities respond more decisively in response to a ‘crisis’ of sexual abuse, the action that is taken is then subsequently construed as a ‘crisis’. There has been a particularly pronounced tendency of the public reception to allegations of organised abuse. The removal of children from their parents due to disclosures of organised abuse, the provision of mental health care to survivors of organised abuse, police investigations of allegations of organised abuse and the prosecution of alleged perpetrators of organised abuse have all generated their own controversies.
These were disagreements that were cloaked in the vocabulary of science and objectivity but nonetheless were played out in sensationalised fashion on primetime television, glossy news magazines and populist books, drawing textual analysis. The role of therapy and social work in the construction of testimony of abuse and trauma. in particular, has come under sustained postmodern attack. Frosh (2002) has suggested that therapeutic spaces provide children and adults with the rare opportunity to articulate experiences that are otherwise excluded from the dominant symbolic order. However, since the 1990s, post-modern and post-structural theory has often been deployed in ways that attempt to ‘manage’ from; afar the perturbing disclosures of abuse and trauma that arise in therapeutic spaces (Frosh 2002). Nowhere is this clearer than in relation to organised abuse, where the testimony of girls and women has been deconstructed as symptoms of cultural hysteria (Showalter 1997) and the colonisation of women’s minds by therapeutic discourse (Hacking 1995). However, behind words and discourse, ‘a real world and real lives do exist, howsoever we interpret, construct and recycle accounts of these by a variety of symbolic means’ (Stanley 1993: 214).
Summit (1994: 5) once described organised abuse as a ‘subject of smoke and mirrors’, observing the ways in which it has persistently defied conceptualisation or explanation.”
― Michael Salter, Organised Sexual Abuse