Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-06T10:02:33.592Z Has data issue: false hasContentIssue false

2 - The moral role of conventions

Published online by Cambridge University Press:  30 June 2009

Ross Harrison
Affiliation:
Quain Professor of Jurisprudence Emeritus University College London, Provost of King's College, University of Cambridge
Amanda Perreau-Saussine
Affiliation:
University of Cambridge
James B. Murphy
Affiliation:
Dartmouth College, New Hampshire
Get access

Summary

‘Is it a custom?’ the visiting Horatio asks Hamlet after hearing ordnance shot off. Hamlet replies that it is (‘Ay marry is't’), but says that ‘it is a custom more honoured by the breach than the observance'. This paper considers the relationship of custom to what is honourable, moral, the right thing to do. Hamlet's claim can be taken in two distinct ways. Is he making the descriptive claim that people don't actually follow the custom that much, honouring it more by breach than by observance? Or is he making the prescriptive claim that although it is the local custom it would be more honourable to breach it than observe it? The context makes the latter much more likely, not just because of Hamlet's general attitude but because of the particular way that he introduces his claim. He says, ‘But to my mind, though I am a native here and to the manner born, it is a custom …’ Although to the manner (manners; custom) born, he has his own oppositional mind. There is what people generally, the natives, find honourable, which is to fire the cannon when the king drinks. And then there is what Hamlet himself finds honourable, which is not to engage in such frippery. For Hamlet, what people conventionally find right, and consequently conventionally happens, is not what is really right. Or at least, uncertain as he is, he entertains the idea.

Type
Chapter
Information
The Nature of Customary Law
Legal, Historical and Philosophical Perspectives
, pp. 35 - 52
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×