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Single Idea 19881
[filed under theme 25. Social Practice / D. Justice / 2. The Law / a. Legal system
]
Full Idea
The end of law is not to abolish or restrain, but to preserve and enlarge freedom, for where there is no law there is no freedom.
Gist of Idea
The aim of law is not restraint, but to make freedom possible
Source
John Locke (Second Treatise of Government [1690], 057)
Book Ref
Locke,John: 'Two Treatises of Government' [Everyman 1988], p.143
A Reaction
This fits both the liberal and the communitarian view of the matter. Talk of 'freedom' is commonplace in England by this date, where it is hardly mention 60 years earler. John Lilburne almost single-handedly brought this about.
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
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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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