In Oakeshott's view, ideas like natural law, fundamental…
““In Oakeshott's view, ideas like natural law, fundamental values, basic rights, and "justice as fairness" are detrimental to the rule of law: "more often than not they are the occasion of profitless dispute, and when invoked as the conditions of the obligation to observe the conditions prescribed by lex they positively pervert the association: they are the recipe for anarchy" (OH 16o).””
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
Oakeshott argues that abstract principles like natural law and justice can undermine practical law by sparking endless disputes and fostering disorder.
In simple terms: Abstract ideals may destabilize law.
Key Takeaway
Prioritize concrete legal frameworks.
Themes
rule of law
philosophy
order
Mood
critical
analytical
Type
philosophical
political
When to use this quote
- judicial drafting
- policy making
- constitutional reform
- legal education
Key Concepts
natural law
justice
anarchy
dispute
exceptionalism
Questions to Reflect On
- How can law balance principle with practicality?
- When do principles become obstacles?
A Different Perspective
Abstract ideals can be misused to justify bias.