[lit-ideas] Ratio Essendi
- From: Jlsperanza@xxxxxxx
- To: lit-ideas@xxxxxxxxxxxxx
- Date: Fri, 3 Sep 2004 12:55:07 EDT
and other.
In a message dated 9/3/2004 11:44:38 AM Eastern Standard Time, pas@xxxxxxxx
writes:
ratio essendi (reason d'etre) and
>ratio
>cognoscendi (reason de connaitre) -- reason to be and reason to know or
>believe.
>This dichotomy seems artificial to me: why not reason to _love_, too,
reason
>to sing, reason to act (ratio agendi) ...
You are once again misled by Google. the dichotomy is synthetic.
----
Synthetic, and, for the OED, trichotomic. Quotes below.
Cheers,
JL
----
"ratio". In Philos. ratio cognoscendi, that in virtue of which knowledge of
something is possible; that in virtue of which something is known to exist;
ratio decidendi (pl. rationes decidendi), rationale of judgment; a principle
underlying and determining a judicial decision; ratio essendi, existendi, that
in virtue of which something exists.
1830 W. HAMILTON in Edin. Rev. LII. 178
The existence of external things, which is given only through their
intuition, it admits; the intuition itself, though the ratio cognoscendi, and
to us
therefore the ratio essendi of their reality, it rejects.
1862 in C. CLARK House of Lords Cases VIII. 392
The observations made by Members of the House, whether law Members or lay
Members beyond the ratio decidendi which is propounded and acted upon in
giving
judgment, although they may be entitled to respect, are only to be followed
in as far as they may be considered agreeable to sound reason and to prior
authorities.
1865 S. H. HODGSON Times & Space vii. 488
Now both the cause, or ratio existendi, and the reason, or ratio
cognoscendi, in every particular case must be given by actual experience.
1877 Law Rep. Exchequer Division II. 233
The ratio decidendi in these cases does not appear in the reports.
1890 W. JAMES Princ. Psychol. I. x. 337
But if the brand is the ratio cognoscendi of the belonging, the belonging,
in the case of the herd, is in turn the ratio existendi of the brand.
1902 J. W. SALMOND Jurisprudence viii. 176
A precedent, therefore, is a judicial decision which contains in itself a
principle. The underlying principle which thus forms its authoritative element
is often termed the ratio decidendi.
1903 G. E. MOORE Principia Ethica iv. 127
Kant..admits that Freedom is the ratio essendi of the Moral Law, whereas the
latter is only ratio cognoscendi of Freedom.
1923 C. D. BROAD Sci. Thought viii. 267
Sensa are..in some way the ratio cognoscendi of the physical world, whilst
the physical world is..the ratio essendi of sensa.
1948 Law Q. Rev. LXIV. 463
The court is always at liberty to propound alternative rules of law, each of
which it may elevate to the status of a ratio decidendi.
1970 Internat. & Compar. Law Q. XIX. I. 37
Which of these rationes decidendi possesses binding force?
1972 Evangelical Q. XLIV. 241
These activities compose the ratio cognoscendi of the pardoning grace of
God; they make us aware of God's activity which is the ratio essendi that
calls
forth man's response.
1977 Law Q. Rev. XCIII. 378 The importance of the ratio decidendi is that
it is the rule of law for which a case is authority.
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