The ethics of Hercules : $b A study of man's body as the sole determinant of ethical valuesGivler, Robert Chenault
Philosophy
The ethics of Hercules : $b A study of man's body as the sole determinant of ethical values
Givler, Robert Chenault
Ethics; Psychophysiology
And yet, in spite of the apparently great amount of muscle power
that is, so to speak, behind all legal rights, from the logical
point of view, the use and effectiveness of this power is altogether
contingent upon the exact nature of the claim and interest which
one desires to be secured. The logical statement of the situation
here involved would take the form of a hypothetical proposition,
namely, _If_ the claim or interest is of a certain kind, _then and
then only_ may it be established and protected. And while this might
seem at first to indicate that legal rights were seriously lacking
in point of authority, yet this is not the case, for the strongest
possible assertions that can be made are always couched in the form
of hypothetical propositions. As Couterat states in his “Algebra of
Logic,” “Every proposition which implies another is stronger than the
latter, and the latter is weaker than the one which implies it.” The
blunt categorical proposition is far less powerful, since by itself
it implies nothing whatever, whereas hypotheticals leave no doubt as
to the necessary consequences. All the laws of nature, which, by the
way, cannot be broken, are stated in hypothetical form. Moreover,
since it is the antecedent, and not the consequent, of a hypothetical
proposition which gives it strength, it is easy to see that any
particular claim and interest is rendered all the more likely of
being established and protected _if_ similar claims and interests
have long been recognized in the law as valid. In practice we find
this to be the case: the common law which is the oldest code is also
the one to which new claims to legal right are invariably referred.
Public-domain text, read in full here on John Shaqi.
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