s. 2. "No human laws are of any validity if contrary to the law of nature:
and such of them as are valid derive all their force and all their
authority mediately or immediately from this original." Thus writes
Blackstone, to whom let all honour be given for having so far outseen the
ideas of his time,--and, indeed, we may say of our time. A good antidote,
this, for those political superstitions which so widely prevail. A good
check upon that sentiment of power-worship which still misleads us by
magnifying the prerogatives of constitutional governments as it once did
those of monarchs. Let men learn that a legislature is _not_ "our God upon
earth," though, by the authority they ascribe to it and the things they
expect from it, they would seem to think it is. Let them learn rather that
it is an institution serving a purely temporary purpose, whose power, when
not stolen, is, at the best, borrowed.
Nay, indeed, have we not seen that government is essentially immoral? Is it
not the offspring of evil, bearing about it all the marks of its parentage?
Does it not exist because crime exists? Is it not strong, or, as we say,
despotic, when crime is great? Is there not more liberty--that is, less
government--as crime diminishes? And must not government cease when crime
ceases, for very lack of objects on which to perform its function? Not only
does magisterial power exist _because_ of evil, but it exists _by_ evil.
Violence is employed to maintain it; and all violence involves criminality.
Soldiers, policemen, and gaolers; swords, batons, and fetters,--are
instruments for inflicting pain; and all infliction of pain is, in the
abstract, wrong. The State employs evil weapons to subjugate evil, and is
alike contaminated by the objects with which it deals and the means by
which it works. Morality cannot recognise it; for morality, being simply a
statement of the perfect law, can give no countenance to anything growing
out of, and living by, breaches of that law. Wherefore legislative
authority can never be ethical--must always be conventional merely.
Hence there is a certain inconsistency in the attempt to determine the
right position, structure, and conduct of a government by appeal to the
first principles of rectitude. For, as just pointed out, the acts of an
institution which is, in both nature and origin, imperfect cannot be made
to square with the perfect law. All that we can do is to ascertain,
firstly, in what attitude a legislature must stand to the community to
avoid being by its mere existence an embodied wrong; secondly, in what
manner it must be constituted so as to exhibit the least incongruity with
the moral law; and, thirdly, to what sphere its actions must be limited to
prevent it from multiplying those breaches of equity it is set up to
prevent.
Public-domain text, read in full here on John Shaqi.
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