Monday, February 18, 2013

Quote of the Day 2.28.13

"It might be argued that, as long as the Cartesian approach is
no longer operative as a shackle on research in the actual practice
of the sciences, a definition or elucidation of the terms "rational"
and "reasonable" is a theoretical question without much pragmatic
value. There exist, however, weighty counterarguments to this position.
Generally speaking, if human beings are imbued with the conviction
that the bulk of everything that happens in this world is
of an irrational character, this assumption may affect the rationality
of conduct not only of the average person but also of the leaders
of nations. Due to a phenomenon comparable to the self-fulfilling
prophecy, actions with momentous consequences may under these
circumstances be engendered by emotional reactions rather than
by sober and judicious reasoning. In the sphere of the law, a belief
on the part of the judiciary that, in the absence of the compelling
force of a statute or precedent, there is freedom of unconstrained
choice may lead to decisions induced by prejudice or ideological
predilection. Wherever it bursts its proper bounds, the cult of irrationality
may produce consequences that a sane society would
wish to avoid at all costs.
"
PERELMAN'S CONTRIBUTION TO LEGAL METHODOLOGY
Edgar Bodenheimer

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