By John Gardner
ISBN-10: 0199695555
ISBN-13: 9780199695553
John Gardner has constructed precise and fascinating solutions to the valuable questions of felony philosophy, slicing during the technicalities of the topic to elucidate and reinvigorate the most arguments in regards to the nature of legislations. This quantity collects that paintings to supply an immense contribution to the literature on jurisprudence.
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Additional info for Law as a Leap of Faith
Example text
This whole way of thinking about what is going on is a blight on our subject, and the source of many miserable exam answers. I try here to break free from it. 3 I am such an intellectual squirrel (way beyond a mere fox) that I don’t care at all where or how I get the little truths that I hoard away in the following pages. 4 As these remarks suggest, many of the essays included here were originally written with pedagogical objectives in mind, responding to perennial misconceptions on the part of my students.
Of course, such superstition may be excusable. 23 But the issue here is whether faith in God can lend justification, not mere excuse, to the faithful. There is a short answer. The short answer is that we obviously assumed God’s existence. After all, the Socratic puzzle with which we started assumes God’s existence. For if God does not exist, then God does not command, and if God does not command, then there can be no puzzle about the constitutive difference that his commands make. So there was never any hesitation in this discussion so far as the assumption of God’s existence is concerned.
In Robert P. George (ed), Natural Law Theory (Oxford 1992), at 352. (3) See, notably, my attempts to settle the totally cross-purposes class action known as ‘Positivism vNatural Law’ in Chs 2 and 6. (4) An allusion to Ronald Dworkin, Justice for Hedgehogs (Cambridge, Mass 2011), itself alluding to the verse by Archilochus: ‘Fox knows many,/Hedgehog one/Solid trick’ or (more freely) ‘Fox knows/Eleventythree/Tricks and still/Gets caught:/Hedgehog knows/One but it/Always works’. Guy Davenport (ed & trans), Carmina Archilochi: The Fragments of Archilochus (Berkeley 1964).