A Manual of Moral PhilosophyPeabody, Andrew P. (Andrew Preston)
Philosophy
A Manual of Moral Philosophy
Peabody, Andrew P. (Andrew Preston)
Ethics
But though law is in many respects an imperfect moral teacher, and its
deficiencies are to be regretted, its *educational power* is strongly felt
for good, especially in communities where the administration of justice is
strict and impartial. It is of no little worth that a child grows up with
some fixed beliefs as to the turpitude of certain forms of evil,
especially as the positive enactments of the penal law almost always
coincide with the wisest judgments of the best men in the community.
Moreover, law is progressive in every civilized community, and in
proportion as it approaches the standard of absolute right, it tends to
bring the moral beliefs of the people into closer conformity with the same
standard. It is, then, a partial and narrow view of law to regard it only
or chiefly as the instrument of society for the detection and punishment,
or even for the direct prevention of crime. Its far more important
function is so to train the greater part of each rising generation, that
certain forms and modes of evil-doing shall never enter into their plans
or purposes.
The *civil*, no less than the criminal *law is a source of knowledge as to
the right*. The law does not create, but merely defines the rights
appertaining to persons and property. The laws of different nations are,
indeed, widely different; but there may be that in their respective
histories which makes a difference in the actual rights of citizens, or
their civil codes may present different stages of approach toward the
right. Thus the laws as to the conveyance and inheritance of property are
in some respects unlike in France, England, and the United States, and
vary considerably in the several States of our Union; but there generally
exist historical reasons for this variation, and it would be found that
the ends of justice are best served, and the reasonable expectations of
the people best met in each community, by its own methods of procedure. By
the law of the land, then, we may learn civil rights and obligations,
which we have not the means of ascertaining by our own independent
research.
Public-domain text, read in full here on John Shaqi.
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