Not to the writing itself, but to what the writing is and represents. You may claim, and with some justice, a primordial right to say what you want. The constitution takes that away from you and gives it back to you subject to law. And under law, there are some things you are not free to say. Your claim of primordial right is simply a claim of ability: you can talk or yell, lions can roar, bulls can bellow, dogs bark and cats meow.If there is a right to X which pre-exists its reduction to writing, that act of writing does not then subordinate the right to the writing. — James Riley
And what is it, exactly, that exists prior to or "in spite of them"? And to save you the trouble, the answer is whatever is prior or "spiteful." But all of that is taken up and subsumed under the law.All the supremacy clauses in the world don't mean shit to that which exists in spite of them. — James Riley
Just so! My understanding is that they exist exactly under the constitution and in no other way but under the constitution. To be sure, you're correct in that the constitution does not create them out of whole cloth, but no one claims that it does. And being in the constitution also a protection of those rights.To the extent your use of the term "under" means "subordinate", my rights don't exist under the Constitution. — James Riley
I find myself unable to accept the proposition that the law is whatever each of us thinks is not stupid, or not wrong. — Ciceronianus the White
“True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions…It is a sin to try to alter this law, nor is it allowable to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and at all times, and there will be one master and ruler, that is God, over us all, for he is the author of this law, its promulgator and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst punishment.” – Marcus Tullius Cicero — Cicero
The law is a system of rules adopted by or which were adopted by a controlling authority or authorities in a nation or society applicable to the conduct of those who are citizens/members of that nation or society, and considered by the relevant authority to be binding, the violation of which may result in the imposition of criminal or civil penalties imposed through a recognized system of enforcing and applying it. — Ciceronianus the White
the two supremacy clauses I referenced above: what do you think they mean? Do you suppose they mean what they say, or the opposite of what they say? — tim wood
As a member of community I should like to think that your first considerations would be to rules, laws, and customs, for lots of reasons. — tim wood
And if I'm on the right track, then my question would be, how as a member of a civil society do you hold yourself superior to it? — tim wood
The constitution takes that away from you and gives it back to you subject to law. — tim wood
And what is it, exactly, that exists prior to or "in spite of them"? — tim wood
And to save you the trouble, the answer is whatever is prior or "spiteful." But all of that is taken up and subsumed under the law. — tim wood
My understanding is that they exist exactly under the constitution and in no other way but under the constitution. — tim wood
I invite us back to the supremacy clauses. In what way are they equivocal? I say they're not, that they are in themselves conclusive. What do you say? — tim wood
I was impressed by what Cicero had to say about the law. This quote refers to "God" so I need to say he predates Christianity. A better word for his concept of God might be "logos". — Athena
You'll have to tell me about second supremacy clause. — James Riley
From the Constitution, Art. 1, § 8. "To make all laws...". And Art. 6. "This Constitution.., shall be the supreme law of the land." — tim wood
From the Constitution, Art. 1, § 8. "To make all laws...". And Art. 6. "This Constitution.., shall be the supreme law of the land." — tim wood
I have not yet found the Riley supremacy exception clause. — tim wood
I have looked up natural law, — tim wood
Or, what law do you accede to if not the law of the land? — tim wood
How can virtue be found in metaethics?180 and I are aware of this. Stoicism and Buddhism have mush to recommend. Their virtue is not to be found in their metaethics, though. It is found in their commended actions. — Banno
Founding fathers must have been reading Cicero. — James Riley
Among Cicero's admirers were Desiderius Erasmus, Martin Luther, and John Locke.[130] Following the invention of Johannes Gutenberg's printing press, De Officiis was the second book printed in Europe, after the Gutenberg Bible. Scholars note Cicero's influence on the rebirth of religious toleration in the 17th century.[131]
Cicero was especially popular with the Philosophes of the 18th century, including Edward Gibbon, Diderot, David Hume, Montesquieu, and Voltaire.[132] Gibbon wrote of his first experience reading the author's collective works thus: "I tasted the beauty of the language; I breathed the spirit of freedom; and I imbibed from his precepts and examples the public and private sense of a man...after finishing the great author, a library of eloquence and reason, I formed a more extensive plan of reviewing the Latin classics..."[133] Voltaire called Cicero "the greatest as well as the most elegant of Roman philosophers" and even staged a play based on Cicero's role in the Catilinarian conspiracy, called Rome Sauvée, ou Catilina, to "make young people who go to the theatre acquainted with Cicero."[134] Voltaire was spurred to pen the drama as a rebuff to his rival Claude Prosper Jolyot de Crébillon's own play Catilina, which had portrayed Cicero as a coward and villain who hypocritically married his own daughter to Catiline.[135] Montesquieu produced his "Discourse on Cicero" in 1717, in which he heaped praise on the author because he rescued "philosophy from the hands of scholars, and freed it from the confusion of a foreign language".[136] Montesquieu went on to declare that Cicero was "of all the ancients, the one who had the most personal merit, and whom I would prefer to resemble."[135][137]
Internationally, Cicero the republican inspired the Founding Fathers of the United States and the revolutionaries of the French Revolution.[138] John Adams said, "As all the ages of the world have not produced a greater statesman and philosopher united than Cicero, his authority should have great weight."[139] Jefferson names Cicero as one of a handful of major figures who contributed to a tradition "of public right" that informed his draft of the Declaration of Independence and shaped American understandings of "the common sense" basis for the right of revolution.[140] Camille Desmoulins said of the French republicans in 1789 that they were "mostly young people who, nourished by the reading of Cicero at school, had become passionate enthusiasts for liberty".[141 — Wikipedia
How can virtue be found in metaethics?
Ancient systems like Early Buddhism are examples of virtue epistemology: they start with the premise that in order to know the truth, in order to know "how things really are", one needs to be virtuous. In such systems, moral behavior is a means to an end (the end being complete cessation of suffering). — baker
And if I'm on the right track, then my question would be, how as a member of a civil society do you hold yourself superior to it? — tim wood
The first argument Socrates makes about obeying law is that every citizen has an obligation to the society they live in to obey its laws. The laws are to be more honored than your mother or father (Crito 51a). He also argues that to bring violence or disobedience to your country is seen as more dishonor than disrespecting your patents (Crito 51c). Socrates believed that you were not only a product of your parents, but because you were raised in Athens, you were also a servant to Athens as were your parents and their parents before them (Crito 50e). — tunetown187
I think you are wrong to say here "the law is...". You'd have to say "a law is...", because you've provided no premise whereby you might put one law above another law if two distinct societies have laws which are not compatible. So one law might govern one society, and another law govern another society, but we can't say one or the other is "the law", unless we are members of one society, calling our own laws "the law". In this case we'd have to exclude the laws of other societies from the title "the law". — Metaphysician Undercover
I think Socrates gave his life for freedom of speech and rule by reason. He could have gotten out of trouble by agreeing to stop talking about the things he believed we should talk about. — Athena
... he did have a concept of a higher authority. We use the word "God" for the higher authority. We could use words like logos ... — Athena
things exist — Ciceronianus the White
Cicero lived in volatile times. — Athena
I admire Cicero very much. I'm a Ciceronian, after all. But Cicero knew there was a difference between the laws of Rome and the laws of Nature, and would not have confused the two or thought that the laws of Rome did not exist unless they conformed to the laws of Nature. He would simply have claimed that laws which did not conform with those of Nature should be changed, or should not be adopted.
I think there are laws that should be changed. But I don't think the fact they should be changed means that they don't exist or aren't laws. — Ciceronianus the White
But I don't think the fact they should be changed means that they don't exist or aren't laws. — Ciceronianus the White
The law is a system of rules adopted by or which were adopted by a controlling authority or authorities in a nation or society ... — Ciceronianus the White
I like Socrates. You compared him to Martin Luther, while a previous example was made of the difference between Gandhi and Socrates in the formers refusal to obey unjust laws. I like and respect both.
However, I place my fealty first with the land (physical) into which I was born, expanding it then to the Earth, long before I arrive at any tender feelings for the State. I was born, as some in the antinatalist thread might agree, without having been given a choice. The land into which I was born was previously occupied by a State that itself was dependent upon that land, all whilst exercising an unjust, disrespectful, inconsiderate, and brutal control over it. Rape, if you will.
When some of my fellow citizens of the State wrap themselves in it's flag, which they would deny to any who disagree with them, and suggest I leave if I don't like it, they fail to understand that for me, the name we use to describe this land "America" or the "United States" refers first to my home, which they occupy, and I have no intention of leaving.
It just so happens that when we finally move out from the land to other, much less important things like the State, I do happen to hold a grudging respect, and even love for her aspirations and ideals; as they are articulated in her organic documents, as well as in Natural Law. I happen to think she has promise, and that she is deserving of defense. And she is much better than some alternatives. But I think she would do well to remember her place in the order of things. She should remember how much of what she was and is is totally dependent upon the place over which she exercises "control" and much less on some exceptionalism imputed to her citizens. In theory she is one thing, but in practice she is often just the biggest fucking bully on the play ground. Sovereign? Yes, but in my book, might does not make right. It may be the way things are, but that doesn't make it right.
So yes, Socrates, the "State" is worthy of some consideration. But it has to earn it, prove it. And remember that there are other things in this world too. — James Riley
I do not think Socrates had a concept of a higher authority. He had a concept of "what seems best". He used the word 'logos' to mean to speak, to discuss, or give an account. What seems best is what follows from deliberating together, the stronger argument. It is important to see that the result of such deliberation is not absolute. Socrates reminds us of our ignorance. We are human, not divine beings. — Fooloso4
I like Socrates ...
However, I place my fealty first with the land (physical) into which I was born, expanding it then to the Earth, long before I arrive at any tender feelings for the State. — James Riley
"Logos" is a Greek word meaning reason, the controlling form of the universe made manifest is speech. — Athena
How does this square with the claim that "We are a nation of laws not of men"? — Fooloso4
I prefer to think that we are a nation of lawyers — Ciceronianus the White
I think the claim that we here in God's Favorite Country live in a nation of laws, not men, is founded on the belief that laws, once adopted, apply equally to all people that are citizens of our Glorious Union, including members of the "controlling authorities." — Ciceronianus the White
... adopted by a controlling authority or authorities — Ciceronianus the White
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