"Natural law, so far from being uncertain, when compared with
statutory and constitutional law, is the only thing that gives any
certainty at all to a very large portion of our statutory and
constitutional law. The reason is this. The words in which
statutes and constitutions are written are susceptible of so many
different meanings, meanings widely different from, often
directly opposite to, each other, in their bearing upon men's
rights, that, unless there were some rule of interpretation for
determining which of these various and opposite meanings are the
true ones, there could be no certainty at all as to the meaning of
the statutes and constitutions themselves. Judges could make
almost anything they should please out of them. Hence the
necessity of a rule of interpretation. And this rule is, that the
language of statutes and constitutions shall be construed, as
nearly as possible, consistently with natural law.
The rule assumes, what is true, that natural law is a thing
certain in itself; also that it is capable of being learned. It
assumes, furthermore, that it actually is understood by the
legislators and judges who make and interpret the written law.
Of necessity, therefore, it assumes further, that they (the
legislators and judges) are incompetent to make and interpret the
written law, unless they previously understand the natural law
applicable to the same subject. It also assumes that the people
must understand the natural law, before they can understated the
written law.
It is a principle perfectly familiar to lawyers, and one that must
be perfectly obvious to every other man that will reflect a
moment, that, as a general rule, no one can know what the written
law is, until he knows what it ought to be; that men are liable to
be constantly misled by the various and conflicting senses of the
same words, unless they perceive the true legal sense in which the
words ought to be taken. And this true legal sense is the sense
that is most nearly consistent with natural law of any that the
words can be made to bear, consistently with the laws of language,
and appropriately to the subjects to which they are applied.
Though the words contain the law, the words themselves are not
the law. Were the words themselves the law, each single written
law would be liable to embrace many different laws, to wit, as
many different laws as there were different senses, and different
combinations of senses, in which each and all the words were
capable of being taken.
Public-domain text, read in full here on John Shaqi.
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