“Principle II : The presumptions of the law are creative presumptions : they are aimed at conditions to be brought about, and only for that reason ignore conditions which exist.”

— William Ernest Hocking

Source: Present Status of the Philosophy of Law and of Rights (1926), Ch. VI : Presumptive Rights, § 24, p. 62.

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William Ernest Hocking 31

American philosopher 1873–1966

William Ernest Hocking (1873–1966) American philosopher

Source: Present Status of the Philosophy of Law and of Rights (1926), Ch. VII, Natural Right, p. 68.

“A presumption of equality may be contrary to present fact, and yet not contrary to a desideratum. We are not as a fact all equally fit to live, equally responsible, or equally deserving of the protection of the law: but it will hardly be doubted that it would be desirable if we were.
But further, the presumption of a desired condition is, in any group of plastic minds, a force tending to bring about the thing presumed, i. e., to create it. It aids a boy to reach maturity to treat him as if he were a little older than he is. A little older: for the presumption loses its effect if it is too wide of the actual fact. The fundamental presumptions of the law are justified on this basis and to this extent: if they are too wide of the truth to be creative, they are not justified.”

William Ernest Hocking (1873–1966) American philosopher

Source: Present Status of the Philosophy of Law and of Rights (1926), Ch. VI : Presumptive Rights, § 24, p. 63.

“I am interested in the creativity of the criminal attitude because I recognize in it the existence of a special condition of crazy creativity. A creativity without morals fired only by the energy of freedom and the rejection of all codes and laws. For freedom rejects the dictated roles of the law and of the imposed order and for this reason is isolated.”

Joseph Beuys (1921–1986) German visual artist

Quoted by Germano Celant, Beuys, tracce in Italia, Amelio, 1978
1970's

“There is no presumption in this country that every person knows the law: it would be contrary to common sense and reason if it were so.”

William Henry Maule (1788–1858) British politician

Martindale v. Falkner (1846), 2 C. B. 720, and characterised by Blackburn, J., in The Queen v. Mayor of Tewkesbury, L. R. 3 Q. B. 629.

“It is a strong presumption that that which never has been done cannot by law be done at all.”

William Henry Ashurst (judge) (1725–1807) English judge

Russell v. The Mayor of Devon (1788), 1 T. R. 673.

“A constellation of the most pedantic, obstinate ignorance and presumption, mixed with a kind of rustic incivility, which would try the patience of Job.”

Giordano Bruno (1548–1600) Italian philosopher, mathematician and astronomer

Declaration about the scholars of England, particularly those of Oxford
The Ash Wednesday Supper (1584)

“One, knowing the duties of man and being ignorant of his impotence, is lost in presumption”

Blaise Pascal (1623–1662) French mathematician, physicist, inventor, writer, and Christian philosopher

Conversation on Epictetus and Montaigne
Context: One, knowing the duties of man and being ignorant of his impotence, is lost in presumption, and that the other, knowing the impotence and being ignorant of the duty, falls into laxity; whence it seems that since the one leads to truth, the other to error, there would be formed from their alliance a perfect system of morals. But instead of this peace, nothing but war and a general ruin would result from their union; for the one establishing certainty, the other doubt, the one the greatness of man, the other his weakness, they would destroy the truths as well as the falsehoods of each other. So that they cannot subsist alone because of their defects, nor unite because of their opposition, and thus they break and destroy each other to give place to the truth of the Gospel. This it is that harmonizes the contrarieties by a wholly divine act, and uniting all that is true and expelling all that is false, thus makes of them a truly celestial wisdom in which those opposites accord that were incompatible in human doctrines.