Take, for example, the Constitution of the United States. By
adopting one or another sense of the single word "free," the
whole instrument is changed. Yet the word free is capable of some
ten or twenty different senses. So that, by changing the sense of
that single word, some ten or twenty different constitutions could
be made out of the same written instrument. But there are, we will
suppose, a thousand other words in the constitution, each of which
is capable of from two to ten different senses. So that, by
changing the sense of only a single word at a time, several
thousands of different constitutions would be made. But this is
not all. Variations could also be made by changing the senses of
two or more words at a time, and these variations could be run
through all the changes and combinations of senses that these
thousand words are capable of. We see, then, that it is no more
than a literal truth, that out of that single instrument, as it
now stands, without altering the location of a single word, might
be formed, by construction and interpretation, more different
constitutions than figures can well estimate.
But each written law, in order to be a law, must be taken only in
some one definite and distinct sense; and that definite and
distinct sense must be selected from the almost infinite variety
of senses which its words are capable of. How is this selection to
be made? It can be only by the aid of that perception of natural
law, or natural justice, which men naturally possess.
Such, then, is the comparative certainty of the natural and the
written law. Nearly all the certainty there is in the latter, so
far as it relates to principles, is based upon, and derived from,
the still greater certainty of the former. In fact, nearly all the
uncertainty of the laws under which we live, which are a mixture
of natural and written laws, arises from the difficulty of
construing, or, rather, from the facility of misconstruing, the
written law; while natural law has nearly or quite the same
certainty as mathematics. On this point, Sir William Jones, one of
the most learned judges that have ever lived, learned in Asiatic
as well as European law, says, and the fact should be kept
forever in mind, as one of the most important of all truths: "It
is pleasing to remark, the similarity, or, rather, the identity of
those conclusions which pure, unbiased reason, in all ages; and
nations, seldom fails to draw, in such juridical inquiries as are
not fettered and manacled by positive institutions." [4] In short,
the simple fact that the written law must be interpreted by the
natural, is, of itself, a sufficient confession of the superior
certainty of the latter.
Public-domain text, read in full here on John Shaqi.
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