Because a judgement on the truth or error of the differing convictions in law is impossible, and because on the other hand a uniform law for all citizens is necessary, the law-giver faces the task of cleaving with a stroke of the sword the Gordian knot which jurisprudence cannot untangle. Since it is impossible to ascertain what is just, it must be decided what is lawful. In lieu of an act of truth (which is impossible) an act of authority is required. Relativism leads to positivism.
Gustav RadbruchRelated topics
act authority cleaving decided differing error gordian hand impossible jurisprudence knot law lawful lieu necessary positivism stroke sword task truth uniform judgement relativismRelated quotes
A natural talent is required; for, when Nature opposes, everything else is in vain; but when Nature leads the way to what is most excellent, instruction in the art takes place, which the student must try to appropriate to himself by reflection, becoming an early pupil in a place well adapted for instruction. He must also bring to the task a love of labor and perseverance, so that the instruction taking root may bring forth proper and abundant fruits.
Hippocrates
Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
John Marshall
As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory, to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of the government, but also whenever any one of the departments may commit encroachments on the chartered authorities of the others.
James Madison
All this business of a labour to accomplish, before I can end, of words to say, a truth to recover, in order to say it, before I can end, of an imposed task, once known, long neglected, finally forgotten, to perform, before I can be done with speaking, done with listening, I invented it all, in the hope it would console me, help me to go on, allow me to think of myself as somewhere on a road, moving, between a beginning and an end, gaining ground, losing ground, getting lost, but somehow in the long run making headway.
Samuel Beckett
The Universal Declaration of Human Rights recognizes that 'if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression', human rights should be protected by the rule of law. That just laws which uphold human rights are the necessary foundation of peace and security would be denied only by closed minds which interpret peace as the silence of all opposition and security as the assurance of their own power.
Aung San Suu Kyi
