One of the fundamental principles of society is that each individual
must, in his methods of living, conduct himself with a due regard for
the rights, comfort, and health of others in the same society. A single
man or a single family living alone on a desert island requires no
restrictions of conduct, since there are no fellow-beings on whom his
violations of good conduct might react. The inhabitants of small
villages with small families on large lots are but little concerned with
laws governing social intercourse, since, at best, the amount of that
intercourse is inconsiderable. But, as population becomes greater, as
congestion increases, and as civilization and its requirements develop,
the need for law governing the interrelations of individuals becomes
imperative. Such laws deal with the moral life under many phases, and
the courts exist for the enforcement of such laws as the people
themselves, through their legislatures, demand for their own
self-protection.
One of the primitive laws found necessary, even among uncivilized
people, is that against theft, and, whether committed in the barbarous
tribes of Africa or on the frontier plains of the West, the act is
recognized as being contrary to the greatest good of the community, and,
if detected, is severely punished. As civilization advances, the code
of laws found necessary becomes more and more complex, and, although
use has made obedience to such laws almost second nature, it is hardly
possible to-day to escape the immediate restraint of such laws for more
than a moment at a time throughout any period of twenty-four hours.
_Principle of laws of hygiene._
It is particularly the laws which pertain to health and hygiene which we
shall consider in this chapter. The principle on which laws relating to
hygiene are passed is that while nominally a person is always free to do
with his own whatever he may choose, yet as a member of a community he
must choose to do only that which shall not injure or affect the health
or comfort of his neighbors. This principle was not at first invoked to
prevent violations of laws of health, but rather to prevent the
inconvenience which might come to a neighbor or to the public at large
by some unreasonable though apparently legitimate use of individual
property. As an example we may mention the law of New York State
requiring each owner of property in the country to cut grass, weeds, and
brush along the highway twice each year. Although this interferes with
the right of the owner to have the land which belongs to him left as he
chooses, it is legal because of the greater convenience and comfort it
contributes to the larger number of persons traveling along the highway.
Public-domain text, read in full here on John Shaqi.
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