Skip to main content

Villey on "social contract...juridical positivism is itself, therefore, the product of the subjectivist method of discovery of justice": But let us leave these philosophies of neo-Kantian justice, which are not all that important. And now let the positivists consider the mote in their eye. Does juridical positivism (not, to tell the truth, in the version which Kelsen offers, but in the traditional form inherited from Locke or from the school of the social contract) not conceal the same vice? VILLEY (TRANS VOILLEY): EPITOME OF CLASSICAL A'ATURAL LAW 93 It is true that positivism renounces the idea of drawing from justice the content of law. We purport to leave the responsibility for its construction to the arbitrary will of the legislator, and we hope, thus, to limit the damage. And yet we feel the need to just~fy the power of the legislator, or at least the authority of laws. Our doctrine of law too is a doctrine of justice. We cannot ground the value of our positive law except by resting it on justice. But on which justice? Already the great inspirers of our theory of the sources (such as Hobbes, Locke, Rousseau) leaned towards subjectivism. Within their own conscience, they thought they found the rule, immutable and rigid, that our promises must be kept. In order to establish the authority of the positive laws of the state, all that was necessary was to add the social contract to this rule. Juridical positivism (to this day in its most ordinary form) remains an unconscious residue of the doctrine of the social contract and, beyond the social contract, this allegedly just rule according to which one must keep one's word: juridical positivism is itself, therefore, the product of the subjectivist method of discovery of justice.

https://classic.austlii.edu.au/au/journals/GriffLawRw/2000/5.pdf

Comments

Popular posts from this blog

Vox Cantoris vs. Aqua

The Catholic Monitor commenter Aqua had this to say to the Vox Cantoris website: Aqua said… Fred, your topic here reminds me of a dust-up, a few days ago, on Vox Cantoris. He asserted that it is our duty as Christians to wear masks to the Holy Sacrifice of the Mass if the government tells us we must, or they will close our Churches. My response to him was that I find it inconceivable that an orthodox Catholic, such as himself, would ever submit to unjust dictates from secular government over how we approach Our Lord in Holy Mass. My response to him was that the Mass belongs to Catholics and we decide, within the bounds of Tradition, and in accord with the Word of Jesus, how we conduct ourselves in Holy Mass. Only one authority prevails over Mass and that is our God and the Sacred Tradition given by Him to guide us in all times and places. Understand, there is nothing inherently wrong with wearing a mask to Mass. But there is EVERYTHING wrong with wearing a symbol...

Might Biden be a Liar & Predator like McCarrick?

September 15, 2020   Everyone knows that sexual predator ex-cardinal Theodore McCarrick is a liar. His whole life was a lie of betrayal of the most sacred vows he took and the violation of the moral tenets of the Catholic faith which he desecrated. Most people don't realize that part of this desecration of lies included lying for "gravely sinful" Democrats like Joe Biden. McCarrick protected Biden when then head of the Congregation for the Doctrine of the Faith Cardinal Joseph Ratzinger (later to be Pope Benedict XVI) wrote that bishops were not to admit to Communion politicians like "gravely sinful" Biden who supports the killing of unborn babies. McCarrick lied for politicians like Biden by ignoring the important parts of the Ratzinger letter and told bishops not to ignore the Catholic Church law.  Last year, Fr. Robert Morey denied Holy Communion to the “gravely sinful” Biden following a "2004 decree signed jointly by the bishops of ...

Nocturia Management Tips -- Dr. Grace Prescott addresses nocturia—frequent nighttime urination—explaining its risks, debunking common myths, and presenting the ASIM method and supporting techniques to help reclaim uninterrupted sleep.

https://coconote.app/notes/1eef4468-3436-4f1a-a3e0-605134efdd8a Overview Dr. Grace Prescott addresses nocturia—frequent nighttime urination—explaining its risks, debunking common myths, and presenting the ASIM method and supporting techniques to help reclaim uninterrupted sleep. The Problem of Nocturia Nocturia refers to waking repeatedly at night to urinate, affecting up to 70% of adults over 60. It increases the risk of falls, cognitive decline, heart strain, and emotional distress. Causes include reduced nighttime ADH hormone, decreased bladder capacity, and fluid redistribution from swollen legs. Common Myths and Mistakes Drinking less water during the day can worsen nocturia by irritating the bladder and concentrating urine. Most cases are not caused by a small bladder, but by excessive nighttime urine production. Alcohol before bed both suppresses ADH and acts as a diuretic, increasing nighttime urination and disrupting sleep quality. The ASIM Hydration Method Adjust  hydrati...