Podcast
Questions and Answers
What do we imagine guides and controls our behavior in accordance with rules?
What do we imagine guides and controls our behavior in accordance with rules?
We imagine that there is something external, some invisible part of the fabric of the universe guiding and controlling us.
What realm does the text suggest the law is connected with?
What realm does the text suggest the law is connected with?
The realm of fiction.
What distinction is crucial for understanding law, according to the text?
What distinction is crucial for understanding law, according to the text?
The distinction between social rules and mere convergent habits of behavior.
What does the prevalent form of skepticism invite us to reconsider, according to the text?
What does the prevalent form of skepticism invite us to reconsider, according to the text?
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How do courts frame their judgments, according to the text?
How do courts frame their judgments, according to the text?
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What are our 'feelings' of compulsion to follow rules based on?
What are our 'feelings' of compulsion to follow rules based on?
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What type of criticism does the text mention regarding the notion of binding rules?
What type of criticism does the text mention regarding the notion of binding rules?
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What does the text suggest is the origin of our rule-following behavior?
What does the text suggest is the origin of our rule-following behavior?
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What do we not recognize our feelings of compulsion to follow rules as?
What do we not recognize our feelings of compulsion to follow rules as?
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What does the text suggest is the application of rules based on?
What does the text suggest is the application of rules based on?
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Study Notes
Rules and Laws
- There are different types of rules, including legal rules, rules of etiquette, language, games, and clubs, each with their own origins and relationships to conduct.
Mandatory and Procedural Rules
- Mandatory rules require people to behave in certain ways, e.g., abstaining from violence or paying taxes, whereas procedural rules specify what must be done to achieve a certain goal, e.g., making a will or a contract.
Complexity of Rules
- Even within a single sphere, such as law, rules can originate in different ways and have varying relationships to conduct.
Different Views on Mandatory Rules
- Some writers find the concept of mandatory rules mysterious, while others have differing views on their meaning.
Behavior and Rules
- A rule exists when a group of people behave in a specified way in certain circumstances, but mere convergence in behavior does not necessarily mean a rule exists.
Social Rules and Convergent Behavior
- The existence of a social rule goes beyond mere convergent behavior, with a sense of compulsion to follow the rule and react to deviation.
Fiction and Law
- The idea of an external, guiding force behind rules is a fiction, but an essential one, allowing us to talk about the "government of laws, not men."
Importance of Distinction
- The distinction between social rules and mere convergent habits of behavior is crucial for understanding law.
Scepticism about Legal Rules
- Some sceptics question the notion of a binding rule as confused or fictitious, while others argue that legal systems are not primarily based on rules.
Court Judgments and Rules
- Courts present their judgments as if they are the necessary consequence of predetermined rules, giving the impression that the meaning of these rules is fixed and clear.
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Description
Test your knowledge on philosophical texts and authors including Augustine's 'De Libero Arbitrio', Aquinas' 'Summa Theologica', and Holmes' 'Persistent Questions'. Explore themes of rules, conduct, and ethics in philosophical writings.
