Ordering Quotes - page 4
At what price have so many of us come to believe that the economy is the realm of natural order and that the legitimate and competent sphere of policing-of administration and government-lies elsewhere? What flows from that sharp dichotomy between orderliness in the market and ordering in the penal sphere? At what price do we embrace these categories? And here, the answer is equally clear: at the price, first, of naturalizing the market and thereby effectively shielding from normative assessment the regulatory mechanisms in our contemporary markets and the wealth distributions that occur daily; and at the price, second, of easing, facilitating, and enabling the massive expansion of our penal sphere, or, to be more provocative, of making possible mass incarceration today.
Bernard Harcourt
The doctrine of laissez-faire in the mid-nineteenth century essentially allowed three functions for the government: first, maintaining the external defense of the country; second, providing for the internal order and security of persons; and third, possibly, providing for minimal public amenities. ... Criminalization and punishment became, undisputedly, the most legitimate and competent task of the government. There, for sure, government intervention was proper, necessary, legitimate, and competent. There, natural orderliness had to be replaced by governmental ordering.
Bernard Harcourt
Theism (whether Christian, Jewish, or Muslim) holds that God by wisdom created the world. The origin of the world and its subsequent ordering thus results from the designing activity of an intelligent agent-God. Naturalism, on the other hand, allows no place for intelligent agency except at the end of a blind, purposeless material process. Within naturalism, any intelligence is an evolved intelligence. Moreover, the evolutionary process by which any such intelligence developed is itself blind and purposeless. As a consequence, naturalism makes intelligence not a basic creative force within nature but an evolutionary byproduct. In particular, humans (the natural objects best known to exhibit intelligence) are not the crown of creation, not the carefully designed outcome of a purposeful creator, and certainly not creatures made in the image of a benevolent God. Rather, humans are an accident of natural history.
William A. Dembski
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 Radbruch