Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
_Pretended Exceptions._--The duty of obedience to the laws must then be
admitted as a principle; but is this duty absolute? is it not susceptible
of some exceptions? A learned theologian of the XVI. century, a Jesuit,
Suarez (_Traité des lois_, III., iv.), admits three exceptions to the
obedience due to the law: 1, if a law is unjust--for an unjust law is no
law--not only is one not obliged to accept, but even, when accepted, one
is not obliged to obey it; 2, if it is too hard; for then one may
reasonably presume that the law was not made by the prince with the
absolute intention that it should be obeyed, but rather as an experiment;
now, under this supposition one can always begin by not observing it;--3,
if, in fact, the majority of the people have ceased to observe it, even
though the first who had commenced should have sinned; the minority is not
obliged to observe what the majority has abandoned: for one cannot suppose
the prince to intend obliging such or such individuals to observe it, when
the community at large have ceased observing it.
These exceptions, proposed by Suarez, are inadmissible, at least the two
first. To authorize disobedience to unjust laws is introducing into
society an inward principle of destruction. All law is supposed to be
just, otherwise it is arbitrariness and not law. Every man finds always
the law that punishes him unjust. If there are unjust laws, which is
possible, we must ask their abrogation; and, in these our days, the
liberty of the press is ready to give satisfaction to the need of
criticism; but, in the meantime, we must obey. The second exception is not
tenable either. To say that it is permitted to disobey a law when it is
too hard, in supposing that the prince only made it for an experiment, is
to permit the eluding of all the laws: for every law is hard for somebody;
and there is, besides, no determining the hardness of laws. Such an
appreciation is, moreover, fictitious; a prince who makes a law is
supposed _a priori_ to wish it executed: to say that he only meant to try
us therewith is a wholly gratuitous invention. Certainly one may by such
conduct succeed in wearing a law out when the prince is feeble; but it is
not the less unjust, and no State could resist such a cause of
dissolution. As to the third exception, it can be admitted that there are
laws fallen into disuse, and which are no longer applied by any one
because they stand in contradiction to the manners, and are no longer of
any use; but, except in such case, it is nowise permitted to say that it
is sufficient for the majority to disobey to entitle the minority to do
the same. For instance, if it pleased the majority to engage in smuggling,
or to make false declarations in the matter of taxes, it would nowise
acquit the good citizens from continuing to fulfill their duty.
Public-domain text, read in full here on John Shaqi.
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