The objections made to natural law, on the ground of obscurity,
are wholly unfounded. It is true, it must be learned, like any
other science; but it is equally true that it is very easily
learned. Although as illimitable in its applications as the
infinite relations of men to each other, it is, nevertheless, made
up of simple elementary principles, of the truth and justice of
which every ordinary mind has an almost intuitive perception. It
is the science of justice, and almost all men have the same
perceptions of what constitutes justice, or of what justice
requires, when they understand alike the facts from which their
inferences are to be drawn. Men living in contact with each other,
and having intercourse together, cannot avoid learning natural
law, to a very great extent, even if they would. The dealings of
men with men, their separate possessions, and their individual
wants, are continually forcing upon their minds the questions,
Is this act just? or is it unjust? Is this thing mine? or is it
his? And these are questions of natural law; questions, which, in
regard to the great mass of cases, are answered alike by the human
mind everywhere.
Children learn many principles of natural law at a very early age.
For example: they learn that when one child has picked up an
apple or a flower, it is his, and that his associates must not take it
from him against his will. They also learn that if he voluntarily
exchange his apple or flower with a playmate, for some other
article of desire, he has thereby surrendered his right to it, and
must not reclaim it. These are fundamental principles of natural
law, which govern most of the greatest interests of individuals
and society; yet children learn them earlier than they learn that
three and three are six, or five and five, ten. Talk of enacting
natural law by statute, that it may be known! It would hardly be
extravagant to say, that, in nine cases in ten, men learn it
before they have learned the language by which we describe it.
Nevertheless, numerous treatises are written on it, as on other
sciences. The decisions of courts, containing their opinions upon
the almost endless variety of cases that have come before them,
are reported; and these reports are condensed, codified, and
digested, so as to give, in a small compass, the facts, and the
opinions of the courts as to the law resulting from them. And
these treatises, codes, and digests are open to be read of all
men. And a man has the same excuse for being ignorant of
arithmetic, or any other science, that he has for being ignorant
of natural law. He can learn it as well, if he will, without its
being enacted, as he could if it were.
Public-domain text, read in full here on John Shaqi.
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