Combining Philosophers

Ideas for Hermarchus, E.J. Lowe and Richard Hooker

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2 ideas

25. Social Practice / D. Justice / 2. The Law / b. Rule of law
Rule of law is superior to autonomy, because citizens can see what is expected [Hooker,R]
     Full Idea: Men saw that to live by one man's will became the cause of all men's misery. This contrained them to come unto laws wherein all men might see their duty beforehand, and know the penalties of transgressing them.
     From: Richard Hooker (Of the Laws of Ecclesiastical Polity [1593], I s.10), quoted by John Locke - Second Treatise of Government 111 n1
     A reaction: One British school has a single rule, that pupils 'shall always treat other people with respect'. Presumably the rulers, as well as the pupils, must decide when this is transgressed. The rule of law may be preferable.
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Human laws must accord with the general laws of Nature [Hooker,R]
     Full Idea: Laws human must be made according to the general laws of Nature.
     From: Richard Hooker (Of the Laws of Ecclesiastical Polity [1593], III s.9), quoted by John Locke - Second Treatise of Government
     A reaction: The point simply seems to be that they won't get assent from the public if they are not in accord with natural justice. Positivists say you can make any damned law you like.