The ethics of Hercules : $b A study of man's body as the sole determinant of ethical valuesGivler, Robert Chenault
Philosophy
The ethics of Hercules : $b A study of man's body as the sole determinant of ethical values
Givler, Robert Chenault
Ethics; Psychophysiology
Law, however, is frequently misinterpreted when its function
is thought to be preventative of discord, rather than judicial
and equitable. Law is no guardian angel. No law can prevent the
unobserved Richard Roe from murdering the defenceless John Doe; nor
can it hinder the murderer (still unobserved) from altering Doe’s
will to his own material advantage; neither can it be guaranteed to
forestall the murderer from making the false plea that Doe was about
to assault his daughter. The law did not make man in its own image;
according to scripture it was God who did that. Law does not set
out to protect the careless or the poor in spirit. Its machinery is
normally put into operation only for those with enough initiative to
look out for their own interests. If a patentee knowingly allows
one infringement of his patent rights, he might as well donate his
invention to the public. The law does not hunt for trouble, or carry
on a bureau for the exchange of expressions of malcontent. It does
not even demand that a clearly known offender of society, and one
conscious of his offence, enter a plea of guilty. Actually, the
function of law is simply to preserve and to restore order and peace
in society, and not to define what that order and peace shall be.
Were ninety per cent of the people in the world suddenly to become
stubbornly devoted to thieving, the public peace would have to be
redefined in terms of their attitude toward property. Moreover, as
it is now, the law merely attempts to imitate the security which
is provided by “gentlemen’s agreements,” which security is largely
maintained without the help of the courts. For it is very plain that
millions keep the peace, while only a few hundreds know the law. Law,
then, may be fairly characterized as an impersonal referee, whose
business it is to persuade and oblige the disturbers of the social
equilibrium to employ the methods and standards of conduct which have
always marked free men.
Public-domain text, read in full here on John Shaqi.
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