It is my job to apply the law."I'm sorry to need to express such disrespect, but the response I have to this statement by Oliver Wendell Holmes is, "What an a**h**e!" One wonders if Holmes would have enforced the Fugitive Slave Laws without flinching.
But one might not know from Justice Holmes's words that he was denying the philosophical basis of the Declaration of Independence and the Constitution, as Coolidge and Hand were affirming them.
While one complaint about the Iraq war was that it was not against al-Qâ'ida, in response to the attacks of 9/11, the participation of al-Qâ'ida in the Sunni revolt actually served to reverse this objection.
The Bush Administration might be faulted for not anticipating the revolt of the Sunnis, yet it is no surprise that the Sunnis would wish to retain their dominance in the country and not share power with the Shiities and Kurds.
It is not clear that anything would be better in the world if Saddam Hussein were still in power, with uncertainties persisting about his weapons programs and with a constant threat of massacre directed against the majority Shiites or the Kurds, which required constant American and British air patrols.
Usually it is absurd to say that this person is of the rival -- unless they actually possess some trait that can excite envy and create a jealous worry about its appeal to the spouse.
Rather, what matters is respect for the moral law, which may or may not coincide with the positive law and which involves the legally irrelevant distinction between good and evil.Leszek Koakowski (1927-2009), "Crime and Punishment,"
Other versions of heteronomous relativism, even those derived from Hegel, now do not need to take Hegel's notion, or any notion, of reason very seriously.
thought that history was the concrete exemplification of Reason and so could be rationally critiqued and changed, but the , external reality, as such nevertheless derived authority from its presupposed rationality.
Selected Essays [Basic Books, 2013, p.236]The idea that , heteronomous institutions and practices thereby possess is "judicial positivism" -- what called , "Jurisprudence without Justice." This can be stated as the doctrine that:
Modern historicist and linguistic relativist theories (see about Wittgenstein, Rorty, and Robert Solomon) combine with and -- since history and language are objective things that exist outside of us but vary in time, place, and context.
The idea that the description of practice, as the of what we actually do, is sufficient for moral theory, which is what many philosophers today wish to do with Hume, effects a grotesque reductionism of people's sense that they to do certain things into the bare, retrospective indicative that they .
Thus, judicial positivism is decisively falsified if we allow, as, I dare to affirm, sensible and morally mature persons do, that the practice of the courts can be unjust, and that it is possible for laws to be unjust.
Could that inference be made, it would simply erase the entire significance of moral discourse: no moral imperative (an "ought"), as Hume himself noted, can be derived from the of something being said at some moment in history (an "is").
Observing that moral claims are made in historically contingent, fallible, and corrigible ("correctable") propositions, some infer that the of those propositions share in the same historical contingency.