Ideas of Richard Hooker, by Theme

[English, 1554 - 1600, Anglican priest and theologian.]

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25. Social Practice / C. Rights / 1. Basis of Rights
It is not a law if not endorsed by the public
     Full Idea: Laws they are not which public approbation hath not made so.
     From: Richard Hooker (Of the Laws of Ecclesiastical Polity [1593], I s.10), quoted by John Locke - Second Treatise of Government 134 n1
     A reaction: Margaret Thatcher's Poll Tax, rejected by public rebellion, illustrates the point.
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
     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
     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.
26. Natural Theory / D. Laws of Nature / 8. Scientific Essentialism / c. Essence and laws
Natural things observe certain laws, and things cannot do otherwise if they retain their forms
     Full Idea: Things natural …do so necessarily observe their certain laws, that as long as they keep those forms which give them their being they cannot possibly be apt or inclinable to do otherwise than they do.
     From: Richard Hooker (Of the Laws of Ecclesiastical Polity [1593], 1.3.4), quoted by Marc Lange - Laws and Lawmakers 1.2
     A reaction: Cited by some as the beginnings of the idea of 'laws of nature', but it is striking that Hooker says the laws are controlled by 'forms' (which are Aristotelian essences). This is an essentialist view of laws, not a regularity or divine power one.