Human law

“ But this fearless assertion of the rights of conscience necessarily involved the right to sit in judgment upon all human laws and the powers that ordained them, and to determine for themselves whether the law was lawful. ”

“ In saying this, I mean only to designate the general spirit of human law. Every principle, on its application to practice, must be limited and modified by circumstances; our reason by our common sense. ”

“ It is in the constitution of these particular rules of life, suggested by reason and prudence, and put forth by competent authority, that human law, properly so called, consists, binding all citi- zens to work together for the attainment of the common end proposed to the community, and forbidding them to depart from this end; and in so far as human law is in conformity with the dictates of nature, leading to what is good, and deterring from evil. ”

“ But, good or bad, as laws in this country are merely the expression of the people’s will, they should be respected as long as they remain laws. For law is just as necessary to the human race as is the air we breathe or the food we eat. ”

“ A law is merely a rule of human conduct, a rule of conduct for human beings which is enforced by the Nation, the State, or the city. There are other rules of human conduct enforced by the parents, teachers, or employers—those who have authority over others, those whose duty it is to direct the conduct of others. ”

“ There is a system of rights and obligations which should be maintained by law, whether it is so or not, and which may properly be called 'natural'; not in the sense in which the term 'natural' would imply that such a system ever did exist or could exist independently of force exercised by society over individuals, but 'natural' because necessary to the end which it is the vocation of human society to realise. ”

“ But civilisation needs more than the law to hold it together. You see all mankind are not equally willing to accept as divine justice what is called human law." ”

“ In the complicated relations of human life, various rules for the moral conduct of men have been devised, some of them in the form of statute laws, some in the form of customs, and, in virtue of these rules, certain artificial demands are made of men, which have no foundation in the moral nature of man; these demands are thought to represent duties. We have the same word to describe what I ought to do as subject to the law of God, and what is demanded of me by custom, or the statute. We call each a duty. ”

“ But I do wish to make this intimation, that in this time of world change, in this time when we are going to find out just how, in what particulars, and to what extent the real facts of human life and the real moral judgments of mankind prevail, it is worth while looking inside our municipal law and seeing whether the judgments of the law are made square with the moral judgments of mankind. ”

“ For the purpose of finding a correct definition of law it is indispensable to compare morality and law with each other, for both lay down rules, and to a great extent the same rules, for human conduct. ”

“ These rules for regulating the social actions of men, are called laws. Law, in a general sense, is a rule of action, and is applied to all kinds of action. But in its limited and proper sense, it denotes the rules of human action prescribing what men are to do, and forbidding what they are not to do. ”

“ And it will be long before social discipline has so far modified human character that reverence for law, as rooted in the moral order of things, will serve in place of reverence for the power which enforces law. ”

“ Viewed as an object not in man, justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations. Accordingly all human affairs must be subject to that as the law paramount; what is right agrees therewith and stands, what is wrong conflicts and falls. Private cohesions of self-love, of friendship, or of patriotism, must all be subordinate to this universal gravitation towards the eternal right. ”

“ I am content to think of law as a social institution to satisfy social wants—the claims and demands involved in the existence of civilized society—by giving effect to as much as we may with the least sacrifice, so far as such wants may be satisfied or such claims given effect by an ordering of human conduct through politically organized society. ”

“ Definition.—Since human perversity often needs a check in regulations that are not expressly contained in the Natural or in the Divine Law, other laws must be made by society, drawn from those higher laws as conclusions or added to them as determinations, in order to meet special circumstances and necessities. ”

“ As for men's laws, it is evident that men have established them to correspond with their own natural dispositions; that is to say, constitutional and humane laws were established by those in whom a humane disposition had been fostered above all else, savage and inhuman laws by those in whom there lurked and was inherent the contrary disposition. ”

“ The decisive element in seventeenth-century thought as to contract was the idea of natural law; the idea of deduction from the nature of man as a moral creature and of legal rules and legal institutions which expressed this ideal of human nature. ”

“ because laws, like houses, lean on one another, and the operation is delicate, and should be necessary: the objection, in such a case, ought not to arise from the natural infirmity of human institutions, but from substantial faults which contradict the nature and end of law itself,—faults not arising from the imperfection, but from the misapplication and abuse of our reason. ”

“ Human laws define and enforce as well those rights which belong to a man considered as an individual, as those which belong to him considered as related to others.
For the principal aim of society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature ”

“ Now, the circumstances of every associated group of human society, contending bravely for national honors and felicity of life, differ only from those thus supposed, in the greater, instead of less, necessity for the establishment of restraining law. ”

“ And herein it is that human laws have their greatest force and efficacy; for, with regard to such points as are not indifferent, human laws are only declaratory of, and act in subordination to, the former. ”

“ There is no set of human relations that exhibits more distinctively the issues of these undesirable tendencies than those which the process of law adjusts. We have lost utterly the older sense of a hallowed fealty towards man-made law ”

“ The Convention promulgated this great axiom: "The liberty of one citizen ends where the liberty of another citizen begins," which comprises in two lines the entire law of human society. ”

“ If it is the law of human life, the law must be realized in history. The experience of human affairs when looked at en masse, must be in accordance with it if true, or repugnant to it if false. The support which this a posteriori verification affords to the law, is the part of the case which has been most clearly and triumphantly brought out by Mr. ”

“ That the actions of human beings are not invariably governed by the laws of pure reason. ”

“ The greatest problem for the human race, to the solution of which Nature drives man, is the achievement of a universal civic society which administers law among men. ”

“ The people are not satisfied with any form of government, or statute law, until it comes up to their sense of justice; so every progressive State revises its statutes from time to time, and at each revision comes nearer to the absolute right which human nature demands. Mankind, always progressive, revolutionizes constitutions, changes and changes, seeking to come close to the ideal justice, the divine and immutable law of the world, to which we all owe fealty, swear how we will. ”

“ There are many duties that belong to the class of imperfect obligations, which are binding on conscience, but which human laws do not and cannot undertake directly to enforce. But when the aid of a Court of Equity is sought to carry into execution ... a contract, then the principles of ethics have a more extensive sway. ”

“ the idea of equality — the equality of all men before human tribunals and human laws, as they all are equal before the divine tribunal and divine laws. ”

“ When law is used in the sense of the standard of justice, it is said that it “is the standard of conduct which in consequence of the inner impulse that urges men toward a reasonable form of life, emanates from the whole, and is forced upon the individual”; [3] or that it is “the objective co-ordination of possible acts among men, according to an ethical principle which determines them and prevents their interference.” ”

“ Of course it is possible to undertake to regard the moral law, or such objects as justice, in the same light in which we have just been viewing the facts that result from social law and from convention. ”

“ On the other hand, the constitutions of all civilized governments, whether written or unwritten, the principles of the civil as well as those of the common law, and the teachings of wise men of ancient and of modern times, recognize as a duty the protection of individual or selfish interests. They recognize as just and necessary the restraint and punishment of wrong-doers, and the protection of the rights and interests of the individual in person and property. ”

“ The answer to this question arises out of the above consideration of the means which law employs to obtain the fulfilment of obligations, combined with the view of law as relative to a moral end, i.e. the formation of a society of persons, acting from a certain disposition, from interest in the society as such. ”

“ It may, no doubt, be useful to point out that those who have the necessary disposition should obey these rules; and it would, in many cases, be desirable that everybody should have this disposition. But it should be recognised that, when we regard a thing as a moral rule or law, we mean that it is one which almost everybody can observe by an effort of volition, in that state of society to which the rule is supposed to apply. ”

“ We can see the policeman on his beat, or the judge in court, or the members of the legislature—the men who, respectively, maintain, administer, and make the laws; and we can see the record of the laws in books. But the idea or principle of Law which has caused men to construct all this machinery for the making and enforcing of the laws, exists only in the mind. ”

“ LAW.—Between custom and law, taken generally, it is by no means easy to draw a sharp distinction, although, in some instances, the distinction, may be clearly marked. In primitive communities, laws reduced to writing, and administered by persons deliberately chosen for that end, may be wholly lacking; and yet who would say that such communities do not live under the reign of law in a broad sense of the term? A course of life is prescribed to the individual; failure to come up to the standard meets with punishment. ”

“ The intense intellectual and emotional life, and the heightening of sensations which came with the advance of civilization, made it clear to men that only a part of the pain, pleasure, and profit of life lay in physical things. Thoughts, emotions, and sensations demanded legal recognition, and the beautiful capacity for growth which characterizes the common law enabled the judges to afford the requisite protection, without the interposition of the legislature. ”

“ The rule of law, Restrict your freedom through the conception of the freedom of all other persons with whom you come in contact! receives, it is true, a new sanction for conscience through the Moral Law; but the deduction of this sanction forms a part of the Science of Morality, and does not belong to the Science of Rights. ”

“ How is the general rule, as distinguished from other rules, deduced from the general principle of social vitality?
The law of nature has but one precept, "Be strong." But when we regard the individual in his relations to society, the law takes on different forms. ”

“ The State has the power to make concrete and to determine the provisions of the natural law that are abstract or general. Example: The natural law decrees that some form of government be set up, that the people contribute to the support of the government, that crimes be punished, that the general welfare be served, etc.; the civil law determines the special form of government, the manner in which the revenues are to be obtained, the specific penalties for each crime, the public measures that are best suited to the circumstances, etc. ”

“ The moderns, understanding, by the term law, merely a rule prescribed to a moral being, that is to say intelligent, free and considered in his relations to other beings, consequently confine the jurisdiction of natural law to man, as the only animal endowed with reason. ”

“ This ideal conception of the law is not a privilege of characters highly endowed by nature; but it is as accessible to the coarsest as to the most cultured, to the richest as to the poorest, to savage and to civilized nations; and, just here, we discover so clearly how firmly rooted in the innermost nature of the law this idealism is—it is nothing but the healthfulness of the feeling of legal right. ”

“ Again, I find that there are rules of social life, which take the form of what are called "laws," and these are imposed by the will of some governing authority; they are always the product of some one human will, or of the collective will of a greater number of persons. ”

“ But as regards Positive Morality, or moral rules, some have so far the essentials of an imperative law or rule, that they are rules set by men to men. But they are not set by men as political superiors, nor by men as private persons, in pursuance of legal rights ”

“ But laws, in their more confined sense, and in which it is our present business to consider them, denote the rules, not of action in general, but of human action or conduct: that is, the precepts by which man, the noblest of all sublunary beings, a creature endowed with both reason and freewill, is commanded to make use of those faculties in the general regulation of his behaviour. ”