If our governments would but themselves adhere to natural law,
there would be little occasion to complain of the ignorance of the
people in regard to it. The popular ignorance of law is
attributable mainly to the innovations that have been made upon
natural law by legislation; whereby our system has become an
incongruous mixture of natural and statute law, with no uniform
principle pervading it. To learn such a system, if system it can
be called, and if learned it can be, is a matter of very similar
difficulty to what it would be to learn a system of mathematics,
which should consist of the mathematics of nature, interspersed
with such other mathematics as might be created by legislation, in
violation of all the natural principles of numbers and quantities.
But whether the difficulties of learning natural law be greater or
less than here represented, they exist in the nature of things,
and cannot be removed. Legislation, instead of removing, only
increases them; This it does by innovating upon natural truths and
principles, and introducing jargon and contradiction, in the place
of order, analogy, consistency, and uniformity.
Further than this; legislation does not even profess to remove the
obscurity of natural law. That is no part of its object. It only
professes to substitute something arbitrary in the place of
natural law. Legislators generally have the sense to see that
legislation will not make natural law any clearer than it is.
Neither is it the object of legislation to establish the authority
of natural law. Legislators have the sense to see that they can
add nothing to the authority of natural law, and that it will
stand on its own authority, unless they overturn it.
The whole object of legislation, excepting that legislation which
merely makes regulations, and provides instrumentalities for
carrying other laws into effect, is to overturn natural law, and
substitute for it the arbitrary will of power. In other words, the
whole object of it is to destroy men's rights. At least, such is
its only effect; and its designs must be inferred from its effect.
Taking all the statutes in the country, there probably is not one
in a hundred, except the auxiliary ones just mentioned, that
does not violate natural law; that does not invade some right or
other.
Yet the advocates of arbitrary legislation are continually
practising the fraud of pretending that unless the legislature
make the laws, the laws will not be known. The whole object of
the fraud is to secure to the government the authority of making
lawsthat never ought to be known."
In addition to the authority already cited, of Sir William Jones,
as to the certainty of natural law, and the uniformity of men's
opinions in regard to it, I may add the following:
Public-domain text, read in full here on John Shaqi.
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