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 laws that 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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