display all the ideas for this combination of texts
3 ideas
| 14847 | Laws that are well thought out, or laws that are easy to understand? [Nietzsche] |
| 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. | |
| From: Friedrich Nietzsche (Human, All Too Human [1878], 459) | |
| 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. |
| 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'. |
| 14814 | Execution is worse than murder, because we are using the victim, and really we are the guilty [Nietzsche] |
| Full Idea: Why does execution offend us more than murder? It is the coldness of the judges, the painful preparation, the use of a man to deter others. For guilt is not being punished, which lies in the educators, parents, environment, in us, not in the murderer. | |
| From: Friedrich Nietzsche (Human, All Too Human [1878], 070) | |
| A reaction: Someone was stabbed to death in Oxford Street yesterday (26 Dec 11), and we all feel horribly that London is responsible for producing this event, even if we try and load all the blame onto one youth with a knife. Oscar Wilde endorsed this idea. |