“Boldness is something that you cannot take away from the prophets and geniuses.”

Last update Dec. 28, 2023. History

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Mwanandeke Kindembo 1044
Congolese author 1996

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“When law was held to come direct from the gods, it required a bold man and a prophet to propose a change in it. Perhaps it is still true that a law-maker ought to be something of a prophet. But if so, we are committed in western lands to the belief that prophetic capacity is widespread: the making of law goes on everywhere merrily and apace.”

William Ernest Hocking (1873–1966) American philosopher

Source: Present Status of the Philosophy of Law and of Rights (1926), Ch. I : What is Behind Us?, p. 1.
Context: When law was held to come direct from the gods, it required a bold man and a prophet to propose a change in it. Perhaps it is still true that a law-maker ought to be something of a prophet. But if so, we are committed in western lands to the belief that prophetic capacity is widespread: the making of law goes on everywhere merrily and apace.
In the midst of this vast labor it becomes clear to us that the more we relieve the gods of their burdens, the more we need to know what the gods know, the general principles on which law should be made. And if this knowledge were universal, and were applied in good faith, the law-makers themselves would in turn be relieved! In either case, then, we are bound to keep trying for a systematic grasp of those principles of law which we now possess in vague and fragmentary fashion.

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“The law about what is stealing is very clear. Stealing is taking something away from someone so they cannot use it. There’s no way that making a copy of something is stealing under that definition.”

Aaron Swartz (1986–2013) computer programmer and internet-political activist

UTI interview (2004)
Context: The law about what is stealing is very clear. Stealing is taking something away from someone so they cannot use it. There’s no way that making a copy of something is stealing under that definition.
If you make a copy of something, you’ll be prosecuted for copyright infringement or something similar — not larceny (the legal term for stealing). Stealing, like piracy and intellectual property, is another one of those terms cooked up to make us think of intellectual works the same way we think of physical items. But the two are very different.
You can’t just punish people because they took away a “potential sale”. Earthquakes take away potential sales, as do libraries and rental stores and negative reviews. Competitors also take away potential sales.

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