Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
AND, first, it is a _rule_; not a transient sudden order from a
superior to or concerning a particular person; but something
permanent, uniform, and universal. Therefore a particular act of the
legislature to confiscate the goods of Titius, or to attaint him of
high treason, does not enter into the idea of a municipal law: for the
operation of this act is spent upon Titius only, and has no relation
to the community in general; it is rather a sentence than a law. But
an act to declare that the crime of which Titius is accused shall be
deemed high treason; this has permanency, uniformity, and
universality, and therefore is properly a _rule_. It is also called a
_rule_, to distinguish it from _advice_ or _counsel_, which we are at
liberty to follow or not, as we see proper; and to judge upon the
reasonableness or unreasonableness of the thing advised. Whereas our
obedience to the _law_ depends not upon _our approbation_, but upon
the _maker's will_. Counsel is only matter of persuasion, law is
matter of injunction; counsel acts only upon the willing, law upon the
unwilling also.
IT is also called a _rule_, to distinguish it from a _compact_ or
_agreement_; for a compact is a promise proceeding _from_ us, law is a
command directed _to_ us. The language of a compact is, "I will, or
will not, do this;" that of a law is, "thou shalt, or shalt not, do
it." It is true there is an obligation which a compact carries with
it, equal in point of conscience to that of a law; but then the
original of the obligation is different. In compacts, we ourselves
determine and promise what shall be done, before we are obliged to do
it; in laws, we are obliged to act, without ourselves determining or
promising any thing at all. Upon these accounts law is defined to be
"_a rule_."
MUNICIPAL law is also "a rule _of civil conduct_." This distinguishes
municipal law from the natural, or revealed; the former of which is
the rule of _moral_ conduct, and the latter not only the rule of moral
conduct, but also the rule of faith. These regard man as a creature,
and point out his duty to God, to himself, and to his neighbour,
considered in the light of an individual. But municipal or civil law
regards him also as a citizen, and bound to other duties towards his
neighbour, than those of mere nature and religion: duties, which he
has engaged in by enjoying the benefits of the common union; and which
amount to no more, than that he do contribute, on his part, to the
subsistence and peace of the society.
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