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Single Idea 14847

[filed under theme 25. Social Practice / D. Justice / 2. The Law / a. Legal system ]

Full Idea

Lawyers argue whether that law which is most thoroughly thought out, or that which is easiest to understand, should prevail in a people.

Gist of Idea

Laws that are well thought out, or laws that are easy to understand?

Source

Friedrich Nietzsche (Human, All Too Human [1878], 459)

Book Ref

Nietzsche,Friedrich: 'Human, All Too Human', ed/tr. Faber,Marion [Penguin 1994], p.219


A Reaction

Our system of speed limits is radically simplified, to save money on road signs, and facilitate enforcement. But then its inflexibility brings it into disrepute.


The 17 ideas with the same theme [the system used by a government to enforce laws]:

The better known the law, the more criminals there are [Laozi (Lao Tzu)]
Will I stand up against the law, simply because I have been unjustly judged? [Socrates]
Man is the worst of all animals when divorced from law and justice [Aristotle]
If it is easy to change the laws, that makes them weaker [Aristotle]
Laws that match people's habits are more effective than mere written rules [Aristotle]
The aim of law is not restraint, but to make freedom possible [Locke]
The state ensures liberty, so civil law separates citizens, and binds them to the state [Rousseau]
Laws that are well thought out, or laws that are easy to understand? [Nietzsche]
Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J]
The principle of legality requires crimes to be precisely defined in advance of any action [Hart,HLA]
Some private moral issues are no concern of the law [Hart,HLA]
Do morals influence law? Is morality an aspect of law? Can law be morally criticised? [Hart,HLA]
Is the enforcement of morality morally justifiable? [Hart,HLA]
Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA]
There should be separate legislative, executive and judicial institutions [Grayling]
If being subject to the law resembles a promise, we are morally obliged to obey it [Tuckness/Wolf]
If others must obey laws that we like, we must obey laws that they like? [Tuckness/Wolf]