William Ernest Hocking (1873 – 1966)
American Idealist philosopher.
Pure community is a matter of no interest to any will; but a community which pursues a common good is of supreme interest to all wills; and what we have here said is that whatever the nature of that common good ... it must contain the development of individual powers, as a prior condition for all other goods.
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.
However rich we may become in knowledge of the deeper causes of historical results, we forgo all understanding of history if we forget this inner continuity,--i.e., the conscious intentions of the participants in history-making and their consciously known successes.
Law deals not with actual individuals, but with individuals artificially defined. We cannot say that law-makers are under an illusion to the effect that all men are equal. They do not even suppose them all alike in being reasonable, or in being well informed about the law, or in being morally sensitive about their own rights or the rights of others. Law-makers have probably never been blind about the conspicuous facts of human difference. Nevertheless, the law in every community — and not alone in modern communities — proposes to treat certain large groups of individuals as were alike "before the law."
Principle I : Legal rights are presumptive rights.
If I can reconcile myself to the certainty of death only by forgetting it, I am not happy. And if I can dispose of the fact of human misery about me only by shutting my thoughts as well as myself within my comfortable garden, I may assure myself that I am happy, but I am not. There is a skeleton in the closet of the universe, and I may at any moment be in the face of it. Happiness is inseparable from confidence in action; and confidence of action is inseparable from what the schoolmen called peace -- that is, poise of mind with reference to everything I may possibly encounter in the chances of fortune.
Now this perfect openness to experience is not possible if pain is the last word of pain. Unless there is something behind the fact of pain, some kind of mystery or problem in it whose solution shows the pain to be other than what it pretends, there is no happiness for man in this world or the next; for no matter how fair the world might in time become, the fact that it had been as bad as it is would remain an unbanishable misery, unbanishable by God or any other power.
Religion is bound up in the difference between the sense of ignorance and the sense of mystery: the former means, "I know not"; the latter means "I know not; but it is known."
Every social need, such as the need for friendship, must be a party to its own satisfaction: I cannot passively find my friend as a ready-made friend; a ready-made human being he may be, but his friendship for me I must help to create by my own active resolve.
And indeed, no man has found his religion until he has found that for which he must sell his goods and his life.