Lectures on the true, the beautiful and the goodCousin, Victor
Philosophy
Lectures on the true, the beautiful and the good
Cousin, Victor
Aesthetics; Ethics; Truth
Now, on what condition is government exercised? Is an act of its own
will sufficient for it in order to employ to its own liking under all
circumstances, as it shall understand them, the power that has been
confided to it? Government must have been thus exercised in early
society, and in the infancy of the art of governing. But the power,
exercised by men, may go astray in different ways, either through
weakness or through excess of force. It must, then, have a rule superior
to itself, a public and known rule, that may be a lesson for the
citizens, and for the government a rein and support: that rule is called
law.
Universal and absolute law is natural justice, which cannot be written,
but speaks to the reason and heart of all. Written laws are the formulas
wherein it is sought to express, with the least possible imperfection,
what natural justice requires in such or such determined circumstances.
If laws propose to express in each thing natural justice, which is
universal and absolute justice, one of the necessary conditions of a
good law is the universality of its character. It is necessary to
examine in an abstract and general manner what is required by justice in
such or such a case, to the end that this case being presented may be
judged according to the rule laid down, without regard to circumstances,
place, time, or person.
The collection of those rules or laws that govern the social relations
of individuals is called positive right. Positive right rests wholly on
natural right, which at once serves as its foundation, measure, and
limit. The supreme law of every positive law is that it be not opposed
to natural law: no law can impose on us a false duty, nor deprive us of
a true right.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account