Humpty Dumpty and legal positivism

February 28th, 2008 by Shruti

A few days ago my philosophy professor, while discussing legal etymology, gave us the most delicious analogy.

He quoted Humpty Dumpty, “When I use a word,” Humpty Dumpty said in a rather scornful tone, “It means just what I choose it to mean - neither more nor less.”. And said that legal positivists are much the same when it comes to what the law is and ought to be.

:-)

It also made me re-read some of my favourite parts in the book, and here’s another passage, which I could use to describe legal positivists and most people I meet.

`That’s the way it’s done,’ the Queen said with great decision:`nobody can do two things at once, you know. Let’s consider your age to begin with — how old are you?’
`I’m seven and a half, exactly.’
`You needn’t say “exactly”,’ the Queen remarked. `I can believe it without that. Now I’ll give you something to believe. I’m just one hundred and one, five months and a day.’
`I ca’n't believe that!’ said Alice.
`Ca’n't you?’ the Queen said in a pitying tone. `Try again: draw along breath, and shut your eyes.’
Alice laughed. `There’s no use trying,’ she said `one ca’n't believe impossible things.’
‘I daresay you haven’t had much practice,’ said the Queen. `When I wasyour age, I always did it for half-an-hour a day. Why, sometimes I’ve believed as many as six impossible things before breakfast.”

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