Positivism, with its principle that ‘a law is a law', has in fact rendered the German legal profession defenceless against statutes that are arbitrary and criminal. Positivism is, moreover, in and of itself wholly incapable of establishing the validity of statutes. It claims to have proved the validity of a statute simply by showing that the statute had sufficient power behind it to prevail. But while power may indeed serve as a basis for the ‘must' of compulsion, it never serves as a basis for the ‘ought' of obligation or for legal validity. Obligation and legal validity must be based, rather, on a value inherent in the statute.
Gustav RadbruchRelated topics
arbitrary behind establishing law ought positivism power serve showing statute validity value whileRelated quotes
Fear and love do not go together. Fear is constricting, self-centered and self-conscious, whereas love is expansive, selfless and directed towards service. To become effective spiritual warriors, we must learn to cultivate genuine love, courage, and compassion and come to depend on our inner faculties rather than externals. This allows us to understand our own true nature more deeply, and to behave more like the children and servants of God that we are. Then, firmly established in a higher state of consciousness, we can serve others-and the world-from the deepest, most aware and loving aspect of ourselves during these challenging times.
Bhakti Tirtha Swami
As soon as a thought or word becomes a tool, one can dispense with actually ‘thinking' it, that is, with going through the logical acts involved in verbal formulation of it. As has been pointed out, often and correctly, the advantage of mathematics-the model of all neo-positivistic thinking-lies in just this ‘intellectual economy.' Complicated logical operations are carried out without actual performance of the intellectual acts upon which the mathematical and logical symbols are based. ... Reason ... becomes a fetish, a magic entity that is accepted rather than intellectually experienced.
Max Horkheimer
George Orwell once wrote: "And it's not a matter of whether the war is not real or if it is. Victory is not possible. The war is not meant to be won, it is meant to be continuous. Hierarchical society is only possible on the basis of poverty and ignorance. This new version is the past and no different past can ever have existed. In principle the war effort is always planned to keep society on the brink of starvation. The war is waged by the ruling group against its own subjects and its object is not the victory over either Eurasia or East Asia but to keep the very structure of society intact."
Michael Moore
An immediate consequence of these principles of explanation is that the souls of organic beings, i. e., the compacts of mind-masses, arisen during life, continue to exist after death. (Their isolated persistence is not sufficient). But in order to explain the orderly development of organic nature in which the earlier collected experiences obviously serve as basis for the later creations, it is necessary to assume that these mind-masses enter into a greater compact of mind-masses, the Earth-Soul, and that these serve a higher soul-life according to the same laws as the mind-masses engendered in our nerve-processes observe in their service of our own soul-life.
Bernhard Riemann
To avoid an arbitrary discretion in the Courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind, that the records of those precedents must unavoidably swell to a very considerable bulk, and must demand long and laborious study to acquire a competent knowledge of them. Hence it is, that there can be but few men in the society, who will have sufficient skill in the laws to qualify them for the stations of Judges.
Alexander Hamilton