By Roscoe Pound
This criminal consultant is a written model of lectures added ahead of the legislation college of Yale collage as Storrs Lectures within the tuition 12 months 1921-1922.
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In fresh many years, the economists' notion of rational selection has ruled criminal reasoning. And but, in functional phrases, neither the lawbreakers the legislations addresses nor officials of the legislations behave because the hyperrational beings postulated by way of rational selection.
Extra resources for An Introduction to the Philosophy of Law
It this is not a question about causes, then it is about the justification for my following the rule in the way I do. If 1 have exhausted the j u s t i f i c a t i o n s I have reached bedrock, and my spade is t u r n e d . " "All the steps are really already taken" means: I no longer have any choice. —But if something of this sort really were the case, how would it help? — 1 should h a v e said: This is how it strikes me. When I obey a rule, I do not choose. 1'2 It is true that at a certain point justifications come to an end, and that at that point I draw conclusions without further justification.
Haller and J. Bnindl, eds.. Wittgenstein—Tmcards a Re-Evaluation: Proceedings of the i j t h International Wittgenstein-Symposium (Holdcr-PichlerTcmpsky, 1990), p. 35. 15. The Realistic Spirit (MI I Press, 1991). pp. 69—70. The 'rags' are those referred to in Philosophical Investigations sec. -,^: "If I am inclined to suppose that a mouse has come into being by spontaneous generation out of grey rags and dust, I shall do well to examine those rags very closely to see how a mouse may have hidden in them, how it may have got there and so on.
Where they depart from Descartes is in the relaxation of the requirement of certainty: Rational principles that play a foundational role at one stage may be superseded or revised as a result of rational criticism at a later stage. But the enterprise has a fundamentally rationalistic structure: It proceeds by the operation of methods that aspire to universal validity on empirical information, and it is an e f f o r t to construct a rational picture of the world, with ourselves in it, that makes sense of these data.
An Introduction to the Philosophy of Law by Roscoe Pound