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The study of law can be disappointing at times, a matter of applying narrow rules and arcane procedure to an uncooperative reality; a sort of glorified accounting that serves to regulate the affairs of those who have power — and that all too often seeks to explain, to those who do not, the ultimate wisdom and justness of their condition.
But that's not all the law is. The law is also memory; the law also records a long-running conversation, a nation arguing with its conscience.
When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.
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Praise be to God with all due praise, and a prayer for Muhammad His chosen servant and apostle. The purpose of this treatise is to examine, from the standpoint of the study of the Law, whether the study of philosophy and logic is allowed by the Law, or prohibited, or commanded either by way of recommendation or as obligatory.
The opinion is widely prevalent that even if the subjects are totally forgotten, a valuable mental discipline is acquired by the efforts made to master them. While the Conference admits that, considered in itself this discipline has a certain value, it feels that such a discipline is greatly inferior to that which may be gained by a different class of exercises, and bears the same relation to a really improving discipline that lifting exercises in an ill-ventilated room bear to games in the open air. The movements of a race horse afford a better model of improving exercise than those of the ox in a tread-mill.
The opinion is widely prevalent that even if the subjects are totally forgotten, a valuable mental discipline is acquired by the efforts made to master them. While the Conference admits that, considered in itself this discipline has a certain value, it feels that such a discipline is greatly inferior to that which may be gained by a different class of exercises, and bears the same relation to a really improving discipline that lifting exercises in an ill-ventilated room bear to games in the open air. The movements of a race horse afford a better model of improving exercise than those of the ox in a tread-mill.
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The opinion is widely prevalent that even if the subjects are totally forgotten, a valuable mental discipline is acquired by the efforts made to master them. While the Conference admits that, considered in itself this discipline has a certain value, it feels that such a discipline is greatly inferior to that which may be gained by a different class of exercises, and bears the same relation to a really improving discipline that lifting exercises in an ill-ventilated room bear to games in the open air. The movements of a race horse afford a better model of improving exercise than those of the ox in a tread-mill.
What is the use of studying philosophy if all that it does for you is to enable you to talk with some plausibility about some abstruse questions of logic, etc., & if it does not improve your thinking about the important questions of everyday life, if it does not make you more conscientious than any ... journalist in the use of the DANGEROUS phrases such people use for their own ends.
If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.
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