"But what am I saying? Laws for him who thinks for himself, and is
responsible only for his own acts! laws for him who would be free, and
feels himself destined to become free! I am ready to make terms, but I
will have no laws; I acknowledge none; I protest against every order
which an ostensibly necessary authority shall please to impose on my
free will. Laws! we know what they are and what they are worth. Cobwebs
for the powerful and the rich, chains which no steel can break for the
little and the poor, fishers' nets in the hands of the government."[137]
"You say they shall make _few_ laws, make them _simple_, make them
_good_. But it is impossible. Must not government adjust all interests,
decide all disputes? Now interests are by the nature of society
innumerable, relationships infinitely variable and mobile; how is it
possible that only a few laws should be made? how can they be simple?
how can the best law escape soon being detestable?"[138]
II. _Justice requires that only one legal norm be in force: to wit, the
norm that contracts must be lived up to._
"What do we mean by a _contract_? A contract, says the civil code, art.
1101, is an agreement whereby one or more persons bind themselves to one
or more others to do or not to do something."[139] "That I may remain
free, that I may be subjected to no law but my own, and that I may
govern myself, the edifice of society must be rebuilt upon the idea of
CONTRACT."[140] "We must start with the idea of contract as the dominant
idea of politics."[141] This norm, that contracts must be lived up to,
is to be based not only on its justice, but at the same time on the fact
that among men who live together there prevails a will to enforce the
keeping of contracts, if necessary, with violence;[142] so it is to be
not only a commandment of morality, but also a legal norm.
"Several of your fellow-men have agreed to treat each other with good
faith and fair play,--that is, to respect those rules of action which
the nature of things points out to them as being alone capable of
assuring to them, in the fullest measure, prosperity, safety, and peace.
Are you willing to join their league? to form a part of their society?
Do you promise to respect the honor, the liberty, the goods, of your
brothers? Do you promise never to appropriate to yourself, neither by
violence, by fraud, by usury, nor by speculation, another's product or
possession? Do you promise never to lie and deceive, neither in court,
in trade, nor in any of your dealings? You are free to accept or to
refuse.
"If you refuse, you form a part of the society of savages. Having left
the fellowship of the human race, you come under suspicion. Nothing
protects you. At the least insult anybody you meet may knock you down,
without incurring any other charge than that of cruelty to animals.
Public-domain text, read in full here on John Shaqi.
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