An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
The system of law delivered by Moses to the Jews deserves, therefore,
the most careful study at the hands of all who believe him to have been
a divinely commissioned lawgiver. These laws were not intended for any
other people than the Israelites; they were adapted to their
circumstances, climate, country, neighbors, to the period of the world
when they were promulgated, and during which they were to prevail. They
were certainly not meant as a model for any other form of government,
for any other people, or for any other time. Many laws are to be found
there which are unnecessary and superfluous if applied elsewhere. Many
actions, innocent in themselves, are prohibited. All the _mala
prohibita_ are not _mala in se_. But one thing is as clear as a sunbeam,
and that is a very important light to the student of Ethics; if God was
the author of these laws, nothing morally wrong was commanded or
allowed by them. When it was said of the Jews through the prophet, "I
gave them statutes which were not good," it cannot mean not morally
good; laws which it would be sinful in them to obey. The word in the
original is not the word appropriated in that language to right,
conformity to rule, but to goodness in its most general sense. Good
statutes mean wise and expedient statutes. By no process can the logical
mind be brought to the conclusion that the perfectly wise and good
lawgiver, in framing a code of laws for any people, would impose as a
punishment "for the hardness of their hearts," a penalty, submission to
which would itself be punishable as a sin against the law of nature. He
might command or allow as such punishment what in itself was inexpedient
and injurious to them, and which upon the promulgation of a new law
repealing the old and prohibiting what it allowed, would become by the
sanction of the same lawgiver thenceforth universally _malum
prohibitum_. The authority of God as a lawgiver is certainly not
confined to a mere declaration of what is right or wrong by the law of
Nature.
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