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Single Idea 19819
[filed under theme 25. Social Practice / D. Justice / 2. The Law / a. Legal system
]
Full Idea
The relationship of members to each other should be as small as possible, and as large as possible to the entire body. ...Only the force of the state brings about the liberty of its members. From this relationship civil laws arise.
Gist of Idea
The state ensures liberty, so civil law separates citizens, and binds them to the state
Source
Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.12)
Book Ref
Rousseau,Jean-Jacques: 'The Basic Political Writings', ed/tr. Cress,Donald A. [Hackett 1987], p.172
A Reaction
I'm guessing that these laws could be said mainly to prescribe both our rights and our duties. His four types of law are political, civil, criminal, and customary.
Related Idea
Idea 19818
Political laws are fundamental, as they firmly organise the state - but they could still be changed [Rousseau]
The
17 ideas
with the same theme
[the system used by a government to enforce laws]:
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6326
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The better known the law, the more criminals there are
[Laozi (Lao Tzu)]
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347
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Will I stand up against the law, simply because I have been unjustly judged?
[Socrates]
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2806
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Man is the worst of all animals when divorced from law and justice
[Aristotle]
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2816
|
If it is easy to change the laws, that makes them weaker
[Aristotle]
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22556
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Laws that match people's habits are more effective than mere written rules
[Aristotle]
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19881
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The aim of law is not restraint, but to make freedom possible
[Locke]
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19819
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The state ensures liberty, so civil law separates citizens, and binds them to the state
[Rousseau]
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14847
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Laws that are well thought out, or laws that are easy to understand?
[Nietzsche]
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20932
|
Positive law needs secondary 'rules of recognition' for their correct application
[Hart,HLA, by Zimmermann,J]
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23523
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The principle of legality requires crimes to be precisely defined in advance of any action
[Hart,HLA]
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23524
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Some private moral issues are no concern of the law
[Hart,HLA]
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23521
|
Do morals influence law? Is morality an aspect of law? Can law be morally criticised?
[Hart,HLA]
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23525
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Is the enforcement of morality morally justifiable?
[Hart,HLA]
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23526
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Modern law still suppresses practices seen as immoral, and yet harmless
[Hart,HLA]
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23259
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There should be separate legislative, executive and judicial institutions
[Grayling]
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20612
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If being subject to the law resembles a promise, we are morally obliged to obey it
[Tuckness/Wolf]
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20611
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If others must obey laws that we like, we must obey laws that they like?
[Tuckness/Wolf]
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