The validity of demonstrably wrong law cannot conceivably be justified. However, any answer to the question of the purpose of law other than by enumerating the manifold partisan views about it has proved impossible- and it is precisely on that impossibility of any natural law, and on that alone, that the validity of positive law may be founded. At this point relativism, so far only the method of our approach, enters our system as a structural element. Ordering their living together cannot be left to the legal notions of the individuals who live together, since these different human beings will possibly issue contradictory directions. Rather, it must be uniformly governed by a transindividual authority. Since, however, in the relativistic view of reason and science are unable to fulfill that task, will and power must undertake it. If no one is able to determine what is just, somebody must lay down what is to be legal.
Gustav RadbruchRelated topics
able answer approach authority contradictory different element far governed human impossibility impossible issue law lay left legal living live manifold method natural ordering partisan point positive power purpose question reason science somebody structural system task undertake validity view wrong directions relativismRelated quotes
One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision - wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.
Anthony Kennedy
We all feel relief that war has not come this time. Every one of us has been passing through days of anxiety; we cannot, however, feel that peace has been established, but that we have nothing but an armistice in a state of war. We have been unable to go in for care-free rejoicing. We have felt that we are in the midst of a tragedy. We have felt humiliation. This has not been a victory for reason and humanity. It has been a victory for brute force. At every stage of the proceedings there have been time limits laid down by the owner and ruler of armed force. The terms have not been terms negotiated; they have been terms laid down as ultimata. We have seen to-day a gallant, civilised and democratic people betrayed and handed over to a ruthless despotism. We have seen something more. We have seen the cause of democracy, which is, in our view, the cause of civilisation and humanity, receive a terrible defeat.
Clement Attlee
The first stable conclusion I reached ... was that the only thing brains could do was to approximate the responsivity to meanings that we presuppose in our everyday mentalistic discourse. When mechanical push comes to shove, a brain was always going to do what it was caused to do by current, local, mechanical circumstances, whatever it ought to do, whatever a God's-eye view might reveal about the actual meaning of its current states. But over the long haul, brains could be designed – by evolutionary processes – to do the right thing (from the point of view of meaning) with high reliability. ... [B]rains are syntactic engines that can mimic the competence of semantic engines. ... The appreciation of meanings – their discrimination and delectation – is central to our vision of consciousness, but this conviction that I, on the inside, deal directly with meanings turns out to be something rather like a benign "user-illusion".
Daniel Dennett
Darwin grasped the philosophical bleakness with his characteristic courage. He argued that hope and morality cannot, and should not, be passively read in the construction of nature. Aesthetic and moral truths, as human concepts, must be shaped in human terms, not "discovered” in nature. We must formulate these answers for ourselves and then approach nature as a partner who can answer other kinds of questions for us-questions about the factual state of the universe, not about the meaning of human life. If we grant nature the independence of her own domain-her answers unframed in human terms-then we can grasp her exquisite beauty in a free and humble way. For then we become liberated to approach nature without the burden of an inappropriate and impossible quest for moral messages to assuage our hopes and fears. We can pay our proper respect to nature's independence and read her own ways as beauty or inspiration in our different terms.
Stephen Jay Gould
You see, if you say something positive like the whole of life – all living things – is descended from a single common ancestor which lived about 4,000 million years ago and that we are all cousins, well that is an exceedingly important and true thing to say and that is what I want to say. Somebody who is religious sees that as threatening and so I am represented as attacking religion, and I am forced into responding to their reaction. But you do not have to see my main purpose as attacking religion. Certainly I see the scientific view of the world as incompatible with religion, but that is not what is interesting about it. It is also incompatible with magic, but that also is not worth stressing. What is interesting about the scientific world view is that it is true, inspiring, remarkable and that it unites a whole lot of phenomena under a single heading. And that is what is so exciting for me.
Richard Dawkins
