An enormous amount has been written on the subject of what a law is, and
all this literature expresses in endless words very few and, almost
without exception, very mediocre thoughts. I should consider it an
unpardonable waste of time to devote any considerable space to this
rubbish, either in order merely to quote opinions or to investigate and
confute them. Perhaps the best thing said of the laws is Hobbes's
description: Civil Law (the law of the country) is nothing but a
guarantee of natural Law. It is true that this definition implies a
supposition: the existence of natural Law which, however, is not binding
in itself but requires the sanctions of the law of the country.
Moreover, it is only correct if we add the limitation that it does not
guarantee all natural Law, but only a part of it. Hobbes is also forced
by his definition of the law of a country to explain what he means by
natural Law, and he does not evade this duty. "Natural Law," he says,
"is the decree of true Reason (_ratiocinatio recta_) with regard to what
we must do and what avoid for our self-preservation.... Transgression of
natural Laws is due to false Reason (_ratiocinatio falsa_)."
In spite of its vagueness this explanation of Hobbes's shows that what
he really means by natural Law is Morality, and in this respect his
views on the relation of natural Law to civil Law, that is, of Morality
to Law, practically coincide with mine. Nevertheless, he ignobly denies
the moral decency of his doctrine of Law when later on he coldly and
dryly remarks: All that the state commands is just, all that it forbids
is unjust. Saying this he stupidly and obsequiously makes the civil
code the source of Law, whereas by his own definition Law (he says
"Natural Law") is the source of the civil code. It is more pardonable
for Pusendorf, a formal jurist, to say: "Law is the decree (_decretum_)
with which a superior binds his subject (_sibi subjectum_)." That
interpretation of Law is possible if it is considered from outside; it
is a means of coercion in the hands of the mighty to subjugate the
dependant; this point of view ignores the essential; but Pusendorf has
no concern with this, for he makes no claim to be a philosopher, he
keeps within the bounds of juridical practice.
The Bishop of Seville, Saint Isidor, the most respected theologian of
the time between the last patristic writers and St. Thomas Aquinas,
gives the following definition of Law: "Law is an institution
(_constitutio_) made by the people, by which the nobles (_majores
natu_), together with the common folk, have given a sanction to some
ordinance." This says little about the essence of Law, but it leads to
the question of the origin of laws. On this subject, too, whole
libraries full of books have been written since the time of Plato and
Aristotle; luckily, for the most part, they now only serve as food for
moths and worms.
Public-domain text, read in full here on John Shaqi.
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