--- title: "Meaning & Key Takeaway of: Courts are the mere instruments of the…" description: "\"Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discret..." image: "https://sms4smile.com/quotes/i/95c/john-marshall-11958_courses_courts-are-the-mere-instruments-of-the-l_2804441.jpg" --- # Courts are the mere instruments of the law, and can will… ![“Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial…” quote by John Marshall](https://sms4smile.com/quotes/i/95c/john-marshall-11958_courses_courts-are-the-mere-instruments-of-the-l_2804441.jpg) [Download](https://sms4smile.com/quotes/i/95c/john-marshall-11958_courses_courts-are-the-mere-instruments-of-the-l_2804441.jpg) [Open image](https://sms4smile.com/quotes/i/95c/john-marshall-11958_courses_courts-are-the-mere-instruments-of-the-l_2804441.jpg) > “Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.” [John Marshall](https://sms4smile.com/quotes/author/john-marshall/) ## About This Quote This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation. Courts must follow the law, not personal will; discretion is limited to interpreting legislative intent. **In simple terms:** Courts follow law, not judges' wishes. Key Takeaway Respect legislative intent. Themes law judiciary authority discretion legislation Mood formal serious Type legal judicial When to use this quote - court decisions - legislative drafting - law school teaching - public policy analysis Key Concepts legalism judicial restraint separation of powers Questions to Reflect On - How should judges act when law is unclear? - Can strict adherence hinder justice? A Different Perspective Judges may face ambiguous statutes that challenge strict adherence. ★ ★ ★ ★ ★ No ratings yet [Courses](https://sms4smile.com/quotes/about/courses/) [Court](https://sms4smile.com/quotes/about/court/) [Discerning](https://sms4smile.com/quotes/about/discerning/) [Discretion](https://sms4smile.com/quotes/about/discretion/) [Discretion Exercised](https://sms4smile.com/quotes/about/discretion-exercised-3304138/) [Discretion Mere](https://sms4smile.com/quotes/about/discretion-mere-3474089/) [Duty](https://sms4smile.com/quotes/about/duty/) [Effects](https://sms4smile.com/quotes/about/effects/) [Exercise](https://sms4smile.com/quotes/about/exercise/) [Follow Judicial](https://sms4smile.com/quotes/about/follow-judicial-3474088/) [Giving](https://sms4smile.com/quotes/about/giving/) [Instruments](https://sms4smile.com/quotes/about/instruments/) [Judging](https://sms4smile.com/quotes/about/judging/) [Judicial](https://sms4smile.com/quotes/about/judicial/) [Judicial power](https://sms4smile.com/quotes/about/judicial-power/) [Law](https://sms4smile.com/quotes/about/law/) [Legal Discretion](https://sms4smile.com/quotes/about/legal-discretion-3474087/) [Legislature](https://sms4smile.com/quotes/about/legislature/) [Mere](https://sms4smile.com/quotes/about/mere/) [Purpose](https://sms4smile.com/quotes/about/purpose/) [Said](https://sms4smile.com/quotes/about/said/) ## Related quotes > [“But none of these men before you acted in minor parts. 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