An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
What government owes to society, and all it owes, is the impartial
administration of equal and just laws. This produces security of life,
of liberty, and of property. It has become a favorite maxim, that it is
the duty of government to promote the happiness of the people. The
phrase may be interpreted so as to mean well, but it is a very
inaccurate and unhappy one. It is the inalienable right of men to pursue
their _own_ happiness; each man under such restraints of law as will
leave every other man equally free to do the same. The true and only
true object of government is to secure this right. The happiness of the
people is the happiness of the individuals who compose the mass.
Speaking now with reference to those objects only, which human laws can
reach and influence, he is the happy man, who sees his condition in life
constantly and gradually, though it may be slowly, improving. Let
government keep its hands off--do nothing in the way of creating the
subject-matter of speculation--and things naturally fall into this
channel. There will be some speculators, as there will be some gamblers;
but they will be few. The stock market is filled with fancies, which the
government has manufactured and continues to manufacture to order. It is
the duty of government to encourage the accumulation of the savings of
industry. The best way to do so is to guard the strong box from the
invasion of others, and not itself to invade it. Property has an
especial claim to protection against the government itself. The power of
taxation in the legislature is in fact a part of the _eminent domain_; a
power that must necessarily be reposed in the discretion of every
government to furnish the means of its own existence. One grievous
invasion of property--and of course ultimately of labor, from whose
accumulations all property grows--is by government itself, in the shape
of taxation for objects not necessary for the common defence and general
welfare. Men have a right not only to be well governed, but to be
cheaply governed--as cheaply as is consistent with the due maintenance
of that security, for which society was formed and government
instituted. This, the sole legitimate end and object of law, is never to
be lost sight of--security to men in the free enjoyment and development
of their capacities for happiness--SECURITY--nothing less--but nothing
more. To compel men to contribute of the earnings or accumulations of
industry, their own or inherited, to objects beyond this, not within the
legitimate sphere of legislation, to appropriate the money in the public
treasury to such objects, is a perversion and abuse of the powers of
government, little if anything short of legalized robbery. What is the
true province of legislation, ought to be better understood. It is worth
while to remark, that in every new and amended State constitution, the
bill of rights spreads over a larger space; new as well as more
stringent restrictions are placed upon legislation.
Public-domain text, read in full here on John Shaqi.
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