"Wouldn't it depend somewhat on whom you were murdering?" inquired Mr.
Tutt, finally succeeding in his attempt to make a damp stogy continue
in a state of combustion. "If you murdered a tyrant wouldn't you be
contributing toward progress?"
"No," retorted Miss Wiggin, "you wouldn't; and you know it. In certain
cases where the laws are manifestly unjust, antiquated or perhaps do not
really represent the moral sense of the community their violation may
occasionally call attention to their absurdity, like the famous blue
laws of Connecticut, for example; but as the laws as a whole do
crystallize the general opinion of what is right and desirable in
matters of conduct a movement toward progress would be exhibited not by
breaking laws but by making laws."
"But," argued Mr. Tutt, abandoning his stogy, "isn't the making of a new
law the same thing as changing an old law? And isn't changing a law
essentially the same thing as breaking it?"
"It isn't," replied Miss Wiggin tartly. "For the obvious and simple
reason that the legislators who change the laws have the right to do so,
while the man who breaks them has not."
"All the same," admitted Tutt, slightly wavering, "I see what Mr. Tutt
means."
"Oh, I see what he means!" sniffed Miss Wiggin. "I was only combating
what he said!"
"But the making of laws does not demonstrate progress," perversely
insisted Mr. Tutt. "The more statutes you pass the more it indicates
that you need 'em. An ideal community would have no laws at all."
"There's a thought!" interjected Tutt. "And there wouldn't be any
lawyers either!"
"As King Hal said: 'The first thing we do, let's kill all the lawyers,'"
commented Mr. Tutt.
"Awful vision!" ejaculated Miss Wiggin. "Luckily for us, that day has
not yet dawned. However, Mr. Tutt's argument is blatantly fallacious. Of
course, the making of new laws indicates an impulse toward social
betterment--and therefore toward progress."
"It seems to me," ventured Tutt, "that this conversation is more than
usually theoretical--not to say specious! The fact of the matter is that
the law is a part of our civilization and the state of the law marks the
stage of our development--more or less."
Mr. Tutt smiled sardonically.
"You have enunciated two great truths," said he. "First, that it is a
'part'; and second, 'more or less.' The law is a very small part of our
protection against what is harmful to us. It is only one of our
sanctions of conduct, and a very crude one at that. Did you ever stop to
think that compared with religion the efficacy of the law was almost
_nil_? The law deals with conduct, but only at a certain point. We are
apt to find fault with it because it makes what appear to us to be
arbitrary and unreasonable distinctions. That in large measure is
because law is only supplementary."
"How do you mean--supplementary?" queried Tutt.
Public-domain text, read in full here on John Shaqi.
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