Perhaps once upon a time law was better than its non-existence. Law is
"upheld by violence";[950] on the other hand, it guards against violence
of individuals to each other;[951] perhaps there was once a time when
the former violence was less than the latter.[952] Now, at any rate,
this time is past for us; manners have grown milder; the men of our time
"acknowledge the commandments of philanthropy, of sympathy with one's
neighbor, and ask only the possibility of quiet, peaceable life."[953]
Law offends against the commandment not to resist evil by force.[954]
Christ declared this. The words "Judge not, that ye be not judged"
(Matt. 7.1), "Condemn not, and ye shall not be condemned" (Luke 6.37),
"mean not only 'do not judge your neighbor in words,' but also 'do not
condemn him by act; do not judge your neighbor according to your human
laws by your courts.'"[955] Christ here speaks not merely "of every
individual's personal relation to the court,"[956] but rejects "the
administration of law itself."[957] "He says, 'You believe that your
laws better the evil; they only make it greater; there is only one way
to check evil, and this consists in returning good for evil, doing good
to all without discrimination.'"[958] And "my heart and my reason"[959]
say to me the same as Christ says.
But this is not the only objection to be made against law. "Authority
condemns in the rigid form of law only what public opinion has in most
cases long since disallowed and condemned; withal, public opinion
disallows and condemns all actions that are contrary to the moral law,
but the law condemns and prosecutes only the actions included within
certain quite definite and very narrow limits, and thereby, in a
measure, justifies all similar actions that do not come within these
limits. Ever since Moses's day public opinion has regarded selfishness,
sensuality, and cruelty as evils and has condemned it; it has repudiated
and condemned every form of selfishness, not only the appropriation of
others' property by force, fraud, or guile, but exploitation
altogether; it has condemned every sort of unchastity, be it with a
concubine, a slave, a divorced woman, or even with one's own wife; it
has condemned all cruelty, as it finds expression in the ill-treating,
starving, and killing not only of men but of animals too. But the law
prosecutes only particular forms of selfishness, like theft and fraud,
and only particular forms of unchastity and cruelty, like marital
infidelity, murder, and mayhem; therefore, in a measure, it permits all
the forms of selfishness, unchastity, and cruelty that do not come under
its narrow definitions inspired by a false conception."[960]
Public-domain text, read in full here on John Shaqi.
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