The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
It is my present purpose to discuss the moral psychology of the present
revolt against the spirit of authority. Too little consideration has
been paid by the legal profession to questions of moral psychology.
These have been left to metaphysicians and ecclesiastics, and yet--to
paraphrase the saying of the Master--"the laws were made for man and not
man for the laws," and if the science of the law ignores the study of
human nature and attempts to conform man to the laws, rather than the
laws to man, then its development is a very partial and imperfect one.
Let me first be sure of my premises. Is there in this day and
generation a spirit of lawlessness greater or different than that that
has always characterized human society? Such spirit of revolt against
authority has always existed, even when the penalty of death was visited
upon nearly all offences against life and property. Blackstone tells us
(Book IV, Chap. I) that in the eighteenth century it was a capital
offence to cut down a cherry tree in an orchard--a drastic penalty which
should increase our admiration for George Washington's courage and
veracity.
We are apt to see the past in a golden haze, which obscures our vision.
Thus, we think of William Penn's "holy experiment" on the banks of the
Delaware as the realization of Sir Thomas More's dream of Utopia; and
yet Pennsylvania was somewhat intemperately called in 1698 "the greatest
refuge for pirates and rogues in America," and Penn himself wrote, about
that time, that he had heard of no place which was "more overrun with
wickedness" than his City of Brotherly Love, where things were so
"openly committed in defiance of law and virtue--facts so foul that I am
forbid by common modesty to relate them."
Public-domain text, read in full here on John Shaqi.
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