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3 ideas
| 7592 | For positivists law is a matter of form, for naturalists it is a matter of content [Scruton] |
| Full Idea: For the positivist, law is law by virtue of its form; for the naturalist, by virtue of its content. | |
| From: Roger Scruton (A Dictionary of Political Thought [1982], 'law') | |
| A reaction: Clearly a perverse and 'unnatural' social rule (backed by government and implied force) is a 'law' in some sense of the word. It is hard to see how you could gain social consensus for a law if it didn't appear in some way to be 'natural justice'. |
| 24098 | Reasons that justify punishment can also justify the crime [Nietzsche] |
| Full Idea: The reasons used to justify the punishment for a crime can also be used to justify the crime. | |
| From: Friedrich Nietzsche (Unpublished Notebooks 1881-82 [1882], 3[312]) | |
| A reaction: A splendid observation, even if it is not wholly true. The justification of capital punishment appeals in some way to the whole of society, but a murderer could hardly do that. |
| 24118 | Do away with punishment. Counter-retribution is as bad as the crime [Nietzsche] |
| Full Idea: My programme: do away with punishment: for us. Counter-retribution is nonsense. (If something is evil, then whoever performs the counter-retribution is certainly committing the same evil). | |
| From: Friedrich Nietzsche (Unpublished Notebooks 1881-82 [1882], 16[17]) | |
| A reaction: Note that he seems to have a perfectly orthodox concept of 'evil' here. I don't think he ever suggested a strategy to replace punishment. |