Benedetto Croce: An Introduction to His PhilosophyPiccoli, Raffaello
Philosophy
Benedetto Croce: An Introduction to His Philosophy
Piccoli, Raffaello
Aesthetics; Croce, Benedetto, 1866-1952
A law is an act of will, whose content is a series or class of actions.
This definition excludes from the concept of law any empirical
social determination; it includes within it all laws which are
merely individual, the laws that the individual lays down to and for
himself, the rules of conduct and programs of life and action, which
the individual follows of his own accord. It may be objected that
individual laws differ from social and political laws, because the
latter are coercive and constrictive, while the former are not. There
is no law, however, that is truly coercive; the individual is always
free either to observe or not to observe the law. What a law does is to
offer a choice or alternative, and this is as true of individual as of
social laws. We may disregard our own rules of conduct or programs of
action, and suffer from doing so, and inflict a punishment on ourselves
for having done so; or we may alter our individual laws as social laws
are altered when they no longer respond to the need of a community,
and are either violently overthrown by rebellion or quietly allowed to
fall into desuetude through non-observance, or modified by the proper
organs of legislation. But the importance of the concept of individual
laws lies in the fact that the so-called social laws have no reality
outside the individual: in order to observe a law it is necessary to
make it one's own, and to rebel against a law is to expel it from one's
personality, of which it was, or tried to become, a part. The only real
laws are, therefore, individual laws.
If the criterion of sanction or coercion is insufficient to draw a
distinction between individual and social laws, we can still less
use it to divide the social laws into customs or unwritten laws, and
political and juridical laws. Both customs and laws carry with them
sanctions, though of a different order, or, to put it in more precise
terms, both offer a choice between probable consequences to the free
individual will. This distinction, like every other subdivision of the
laws (civil, penal, national, international, laws and by-laws, etc.),
is a purely empirical one. But the concept of law comprehends these and
many more in which the jurists have no interest, such as the literary
or artistic laws (that a tragedy should have five acts, or, as at one
time in England, that a novel should fill three volumes), or the rules
of religious life, or the precepts of chivalry, down to the statutes
of a criminal gang and to Balzac's _droit parisien_. In fact, the
empirical distinctions of the laws are coextensive with the empirical
concepts of society, and partake of the same characteristics: to the
preceding examples of laws correspond respectively the republic of
letters, a monastery, the order of knighthood, a band of robbers, and
_le beau monde_. But the only reality, both of the society and of the
law, is the individual assent.
Public-domain text, read in full here on John Shaqi.
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