Principle II : The presumptions of the law are creative presumptions : they are aimed at conditions to be brought about, and only for that reason ign… - William Ernest Hocking

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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.

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About William Ernest Hocking

William Ernest Hocking (August 10, 1873 – June 12, 1966) was an American idealist philosopher at Harvard University. He continued the work of his philosophical teacher Josiah Royce (the founder of American idealism) in revising idealism to integrate and fit into empiricism, naturalism and pragmatism. He said that metaphysics has to make inductions from experience: "That which does not work is not true. His major field of study was the philosophy of religion, but his 22 books included discussions of philosophy and human rights, world politics, freedom of the press, the philosophical psychology of human nature; education; and more. In 1958 he served as president of the Metaphysical Society of America.

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Alternative Names: W.E. Hocking William Ernst Hocking William Hocking
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Love and sympathy are the activity of the idea. And in their exercise, the idea is enlarged. The lover widens his experience as the non-lover cannot. He adds to the mass of his idea-world, and acquires thereby enhanced power to appreciate all things. Is not this the sufficient solution of that long-standing difficulty between 'egoism and altruism?' The altruist alone can accumulate that treasure of idea through which all things must be enjoyed that are enjoyed. No one has, or can have, any 'egoistic' satisfaction except as a consequence of so much effective love of reality as there is in him by birth or acquisition.

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."

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When law was held to come direct from the gods, it required a bold man and a prophet to propose a change in it. Perhaps it is still true that a law-maker ought to be something of a prophet. But if so, we are committed in western lands to the belief that prophetic capacity is widespread: the making of law goes on everywhere merrily and apace. In the midst of this vast labor it becomes clear to us that the more we relieve the gods of their burdens, the more we need to know what the gods know, the general principles on which law should be made. And if this knowledge were universal, and were applied in good faith, the law-makers themselves would in turn be relieved! In either case, then, we are bound to keep trying for a systematic grasp of those principles of law which we now possess in vague and fragmentary fashion.

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