Law is mind without reason.
-Aristotle
I don't understand this quotation. I find it completely impenetrable. Granted, I read it out of any context, or rather in the random context of a webpage of quotations about law or reason or whatever. But still. What is mind without reason? What is law without reason? Everything in law is reasonable. That's a joke, ha. Well not ha, more blah. The answer to any question anyone can ask in law school is "reasonable." What is the standard of care to which a tortfeasor is held? The standard of the reasonable person. What kind of notice is required to avoid a claim of wrongful dismissal? Reasonable notice. Why can't I think of any better examples? No reason. In fact, I'm doing pro bono research for a civil liberties project looking at tenants' right, focusing on a particular piece of legislation that provides for a reasonable standard. My job is to figure how the standard would be applied were the provision to be adjudicated. My guess is reasonably.
My god. Law is not really this boring, I swear.
15 hours ago
1 comment:
I was researching this quote and your blog came up... I think Aristotle is being critical of written law. He's basically saying that when you obey the rules you're not thinking for yourself. But individual perception isn't necessarily any more truthful than that of a law-making body. Who even knows.
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