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Unformatted text preview: be prohibited is inevitably a moral judgment that reflects a conception of the 'good.'" n208 "For morality to be the ground of legislative [*1029] prohibitions," it is only necessary then that the conception of the good which it expresses "be susceptible of reasoned defence." n209 A "vision of the common good," n210 if it is "an integrated conception," n211 will qualify in this respect, as will in consequence endangerment of "the community's valued traditions and culture." n212 "We cannot," then, "always allow people freedom to act in accordance with their own convictions," even if their conduct harms no one. n213 For "there are interests of the community as a whole, as well as those of specific individuals, that must be protected from injury." SLHS Value File JUSTICE IS SECURED THROUGH THE RULE OF LAW Aristotle, Ancient Philosopher, Translated by W. D. Ross, NICHOMACHEAN ETHICS, 350 BC, p. 53. Both the lawless man and the grasping and unfair man are thought to be unjust, so that evidently both the law-abiding and the fair man will be just. The just, then, is the lawful and the fair, the unjust the unlawful and the unfair. LOCKE BELIEVED THE STATE WAS NECESSARY AND SUFFICIENT TO SECURE RIGHTS Robert Cooter, Professor of Law, Boalt Hall School of Law, University of California at Berkeley, CORNELL LAW REVIEW, July 1997, p. 979. According to Locke, the state can provide more certain and secure enforcement. State enforcement is more certain because a written law provides a canonical formulation of the underlying obligation and, in an ideal situation, courts apply the rule with impartiality. Additionally, state enforcement is more secure because of the state's monopoly on official use of force. SLHS Value File Rule of Law Bad
AFFIRMING THE STATE AFFIRMS ENDLESS WAR AND SLAVERY Michael Bakunin, Anarchist Philosopher, MARXISM, FREEDOM AND THE STATE, 1990, p. 29. But whoever says State, necessarily says...
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This document was uploaded on 11/20/2013.
- Fall '13