William Ernest Hocking - Law Quotes

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Law deals not with actual individuals, but with individuals artificially defined. We cannot say that law-makers are under an illusion to the effect that all men are equal. They do not even suppose them all alike in being reasonable, or in being well informed about the law, or in being morally sensitive about their own rights or the rights of others. Law-makers have probably never been blind about the conspicuous facts of human difference. Nevertheless, the law in every community — and not alone in modern communities — proposes to treat certain large groups of individuals as were alike "before the law."

William Ernest Hocking
Principle II : The presumptions of the law are creative presumptions : they are aimed at conditions to be brought about, and only for that reason ignore conditions which exist.

William Ernest Hocking
For those who have only to obey, law is what the sovereign commands. For the sovereign, in the throes of deciding what he ought to command, this view of law is singularly empty of light and leading. In the dispersed sovereignty of modern states, and especially in times of rapid social change, law must look to the future as well as to history and precedent, and to what is possible and right as well as to what is actual.

William Ernest Hocking
The only thing that can set aside a law as wrong is a better law, or an idea of a better law. And the only thing that an give a law the quality of better or worse is the concrete result which it promotes or fails to promote.

William Ernest Hocking