A presumption of equality may be contrary to present fact, and yet not contrary to a desideratum. We are not as a fact all equally fit to live, equally responsible, or equally deserving of the protection of the law: but it will hardly be doubted that it would be desirable if we were.
But further, the presumption of a desired condition is, in any group of plastic minds, a force tending to bring about the thing presumed, i. e., to create it. It aids a boy to reach maturity to treat him as if he were a little older than he is. A little older: for the presumption loses its effect if it is too wide of the actual fact. The fundamental presumptions of the law are justified on this basis and to this extent: if they are too wide of the truth to be creative, they are not justified. (William Ernest Hocking)

A presumption of equality may be contrary to present fact, and yet not contrary to a desideratum. We are not as a fact all equally fit to live, equally responsible, or equally deserving of the protection of the law: but it will hardly be doubted that it would be desirable if we were. But further, the presumption of a desired condition is, in any group of plastic minds, a force tending to bring about the thing presumed, i. e., to create it. It aids a boy to reach maturity to treat him as if he were a little older than he is. A little older: for the presumption loses its effect if it is too wide of the actual fact. The fundamental presumptions of the law are justified on this basis and to this extent: if they are too wide of the truth to be creative, they are not justified.

William Ernest Hocking

Related topics

actual basis boy condition contrary creative deserving desideratum desirable effect equality extent fact fit force fundamental group law live maturity plastic present presumption protection reach responsible tending thing treat truth wide yet aids

Related quotes