The examples of this in history are only too numerous. To this category
belong all laws seeking to maintain the validity of state authority at
the expense of the natural rights of thinking and feeling men, e.g. all
religious persecutions, the maltreatment of socialists, excise laws and
duties which hamper freedom of work and movement, or are tantamount to
robbing a particular man or all citizens. As a rule, laws of this kind
can be imposed upon the people only in a despotically ruled state, since
the people in this case has no share in legislation; but constitutional
government is no guarantee against it, for parliamentary majorities can
be forced to enact tyrannical laws, by fanning the flame of national or
party fanaticism, by encouraging prejudices, or by intimidation; this is
proved by Bismarck's May laws and Socialist laws, and also by the laws
passed by the National Assembly at Versailles against the rebels of the
Commune and against Paris. Obedience to such laws cannot reasonably be
demanded. Only a Hobbes will dispute this, for whom "everything that the
state commands is just, everything that it prohibits is unjust," or the
Digest according to which "_quod principi placuit, legis habet vigorem_"
(what pleases the ruler has the force of law). Legal enactments, though
they be immoral, are yet formal Law; as a matter of fact, however, they
are wrong, and even if their originator has the power by brute force to
secure obedience to them, no man who tries to evade them and to get them
abolished will be accused of immorality.
Public-domain text, read in full here on John Shaqi.
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