Inheritance and succession -- Fiction; Marriage -- Fiction
"Even the worst laws are so necessary for our guidance, that without
them, men would devour one another," remarks Epicurus--in order to
exemplify the frailty of human nature, according to Plutarch, the
moralist. Putting the point of cannibalism aside, and thus obviating a
trip to the Feejee Islands, or New Zealand, for example, it cannot be
disputed that the dictum of the Epicurean philosopher is based on a
fundamental truth, which is fairly exhibited in every-day life.
Granting, however, that laws are necessary for human progress, the
philosophical enquirer is still as much at fault as ever, for he
becomes, as it were, like Hamlet, plunged into a sea of troubles, which
no opposition will limit, the moment he begins his search into the
mysteries of jurisprudence. The progress of the blind goddess with the
sinister and dexter scale has been by no means commensurate with the
advancement of civilisation, for the name of laws is legion; and between
good laws and bad laws, and what may be termed legal laws and moral
laws, there are as wide differences and as great discrepancies as exist
among the several offenders and offences against the same.
A law may be a good law, and a necessary law, and yet be a bad law,
speaking according to law; while a bad and unjust law, merely regarded
as a piece of law-making, becomes good when weighed in the same forensic
balance. This seems paradoxical, but can be verified readily in
overlooking the legal code. Law, itself, is wise, and good, and
necessary; but, "too many cooks spoil the broth," so our original Magna
Charta of Liberty has become a hotch-potch pie of precedents, thanks to
the many law-makers we have had, who lead the blind goddess into the
gutter, and so transform Themis that no one would know her again in her
original guise. There are so many cities of refuge provided for
criminals within the statutes of the justice book, so many loopholes for
chicanery and fraud to sneak through, that no criminal need trouble
himself for fear of consequences at committing any offence in the
decalogue or calendar, short of murder--even that often becomes
justified under the appellative "homicide" in the minds, and under the
verdict of "a free and enlightened jury!"--save the mark.
The various turnings and windings of our great national bulwark--the
Law--are many and wonderful.
Public-domain text, read in full here on John Shaqi.
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