The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
Such is the true meaning of the term law, as applied to the civil rights
of men. And I doubt if any other definition of law can be given, that
will prove correct in every, or necessarily in any possible case. The
very idea of law originates in men's natural rights. There is no other
standard, than natural rights, by which civil law can be measured. Law
has always been the name of that rule or principle of justice, which
protects those rights. Thus we speak of _natural law_. Natural law, in
fact, constitutes the great body of the law that is _professedly_
administered by judicial tribunals: and it always necessarily must
be--for it is impossible to anticipate a thousandth part of the cases
that arise, so as to enact a special law for them. Wherever the cases
have not been thus anticipated, the natural law prevails. We thus
politically and judicially _recognize_ the principle of law as
originating in the nature and rights of men. By recognizing it as
originating in the nature of men, we recognize it as a principle, that
is necessarily as immutable, and as indestructible as the nature of man.
We also, in the same way, recognize the impartiality and universality of
its application.
If, then, law be a natural principle--one necessarily resulting from the
very nature of man, and capable of being destroyed or changed only by
destroying or changing the nature of man--it necessarily follows that it
must be of higher and more inflexible obligation than any other rule of
conduct, which the arbitrary will of any man, or combination of men, may
attempt to establish. Certainly no rule can be of such high, universal
and inflexible obligation, as that, which, if observed, secures the
rights, the safety and liberty of all.
Natural law, then, is the paramount law. And, being the paramount law,
it is necessarily the only law: for, being applicable to every possible
case that can arise touching the rights of men, any other principle or
rule, that should arbitrarily be applied to those rights, would
necessarily conflict with it. And, as a merely arbitrary, partial and
temporary rule must, of necessity, be of less obligation than a natural,
permanent, equal and universal one, the arbitrary one becomes, in
reality, of no obligation at all, when the two come in collision.
Consequently there is, and can be, correctly speaking, _no law but
natural law_. There is no other principle or rule, applicable to the
rights of men, that is obligatory in comparison with this, in any case
whatever. And this natural law is no other than that rule of natural
justice, which results either directly from men's natural rights, or
from such acquisitions as they have a _natural_ right to make, or from
such contracts as they have a _natural_ right to enter into.
Public-domain text, read in full here on John Shaqi.
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