Single Idea 22554

[catalogued under 25. Social Practice / D. Justice / 2. The Law / b. Rule of law]

Full Idea

It is said that laws speak only of the universal, and do not prescribe with a view to particular circumstances, so that it is foolish to rule in any craft in accord with what is written down.

Gist of Idea

It is said that we should not stick strictly to written law, as it is too vague

Source

Aristotle (Politics [c.332 BCE], 1286a10)

Book Reference

Aristotle: 'Politics', ed/tr. Reeve,C.D.C. [Hackett 2017], p.76


A Reaction

To say we shouldn't follow laws because they are all vague would be crazy. A vague border is still a border. Laws need interpretation, and judgement of appropriate application.

Related Idea

Idea 20932 Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J]