William Ernest Hocking Quotes

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.

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.

If I can reconcile myself to the certainty of death only by forgetting it, I am not happy. And if I can dispose of the fact of human misery about me only by shutting my thoughts as well as myself within my comfortable garden, I may assure myself that I am happy, but I am not. There is a skeleton in the closet of the universe, and I may at any moment be in the face of it. Happiness is inseparable from confidence in action; and confidence of action is inseparable from what the schoolmen called peace -- that is, poise of mind with reference to everything I may possibly encounter in the chances of fortune.
Now this perfect openness to experience is not possible if pain is the last word of pain. Unless there is something behind the fact of pain, some kind of mystery or problem in it whose solution shows the pain to be other than what it pretends, there is no happiness for man in this world or the next; for no matter how fair the world might in time become, the fact that it had been as bad as it is would remain an unbanishable misery, unbanishable by God or any other power.

For maturity is marked by the preference to be defeated rather than have a subjective success. We as mature persons can worship only that which we are compelled to worship. If we are offered a man-made God and a self-answering prayer, we will rather have no God and no prayer. There can be no valid worship except that in which man is involuntarily bent by the presence of the Most Real, beyond his will.

Principle III : Presumptive rights are the conditions under which individual powers normally develop.

This merely formal conceiving of the facts of one's own wretchedness is at the same time a departure from them--placing them in the object. It is not idle, therefore, to observe reflexively that in that very Thought, one has separated himself from them, and is no longer that which empirically he still sees himself to be.

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.

Every social need, such as the need for friendship, must be a party to its own satisfaction: I cannot passively find my friend as a ready-made friend; a ready-made human being he may be, but his friendship for me I must help to create by my own active resolve.

Only the man who has enough good in him to feel the justice of the penalty can be punished; the others can only be hurt.

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."

We are driven to confess that we actually care more for religion than we do for religious theories and ideas: and in merely making that distinction between religion and its doctrine-elements, have we not already relegated the latter to an external and subordinate position? Have we not asserted that "religion itself" has some other essence or constitution than mere idea or thought?

Without good-will, no man has any presumptive right, except the right or opportunity to change his will, so long as there is hope of it.

Religion is bound up in the difference between the sense of ignorance and the sense of mystery: the former means, "I know not"; the latter means "I know not; but it is known."

Principle I : Legal rights are presumptive rights.

Wherever moral ambition exists, there right exists. And moral ambition itself must be presumed present in subconsciousness, even when the conscious self seems to reject it, so long as society has resources for bringing it into action; in much the same way that the life-saver presumes life to exist in the drowned man until he has exhausted his resources for recovering respiration.