It would seem the meta-rule is that if some subordinate rule is broken, then some machinery should come into action, in particular the remedies for the particular rule's being broken. And in particular cases, the breaking of the rule is what triggers the operations of the rules. So far so good? — tim wood
Breaking a subordinate rule can be a free act that could have been otherwise. At the superordinate level, however, it is the fact of the act itself that operates, irrespective of freedom. Thus the act is neither free nor not free. Because qua the act is is not free, then it is not a free act. Thus justice precludes freedom. — tim wood
Is this yours, or not? — tim wood
Corollary: breaking any subordinate rule breaks all the rules super-ordinate to it. But not subordinate to it. — tim wood
Breaking a subordinate rule can be a free act that could have been otherwise. At the superordinate level, however, it is the fact of the act itself that operates, irrespective of freedom. Thus the act is neither free nor not free. Because qua the act is is not free, then it is not a free act. Thus justice precludes freedom. — tim wood
And yet it seems to me that Law at its base acknowledges and must acknowledge free choice - although what exactly that means is here left undefined - because, e.g., whoever is punished either for gravity or violating gravity? Or for breathing, or for any other thing where free choice does not apply. Further, there is a general saying that necessity knows no law, implying that free choice must be present. Not a part of any actual code, but (imo) informing justice. — tim wood
the choice just happens and the man must not have been able to choose otherwise; the man is absolved of wrongdoing. — ToothyMaw
Perhaps herein a distinction between law and justice. — tim wood
Get involved in philosophical discussions about knowledge, truth, language, consciousness, science, politics, religion, logic and mathematics, art, history, and lots more. No ads, no clutter, and very little agreement — just fascinating conversations.