The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
The injustice of these rules, however palpable and atrocious it may be,
has not deterred their authors from dignifying them with the name of
_law_. And, what is much more to be deplored, such has been the
superstition of the people, and such their blind veneration for physical
power, that this injustice has not opened their eyes to the distinction
between law and force, between the sacred requirements of natural
justice, and the criminal exactions of unrestrained selfishness and
power. They have thus not only suffered the name of law to be stolen,
and applied to crime as a cloak to conceal its true nature, but they
have rendered homage and obedience to crime, under the name of law,
until the very name of law, instead of signifying, in their minds, an
immutable principle of right, has come to signify little more than an
arbitrary command of power, without reference to its justice or its
injustice, its innocence or its criminality. And now, commands the most
criminal, if christened with the name of law, obtain nearly as ready an
obedience, oftentimes a more ready obedience, than law and justice
itself. This superstition, on the part of the people, which has thus
allowed force and crime to usurp the name and occupy the throne of
justice and law, is hardly paralleled in its grossness, even by that
superstition, which, in darker ages of the world, has allowed falsehood,
absurdity and cruelty to usurp the name and the throne of religion.
But I am aware that other definitions of law, widely different from that
I have given, have been attempted--definitions too, which practically
obtain, to a great extent, in our judicial tribunals, and in all the
departments of government. But these other definitions are nevertheless,
all, in themselves, uncertain, indefinite, mutable; and therefore
incapable of being standards, by a reference to which the question of
law, or no law, can be determined. Law, as defined by them, is
capricious, arbitrary, unstable; is based upon no fixed principle;
results from no established fact; is susceptible of only a limited,
partial and arbitrary application; possesses no intrinsic authority;
does not, in itself, recognize any moral principle; does not necessarily
confer upon, or even acknowledge in individuals, any moral or civil
rights; or impose upon them any moral obligation.
For example. One of these definitions--one that probably embraces the
essence of all the rest--is this:
That "law is a rule of civil conduct, prescribed by the supreme power of
a state, commanding what its subjects are to do, and prohibiting what
they are to forbear." _Noah Webster._
In this definition, hardly any thing, that is essential to the idea of
law, is made certain. Let us see. It says that,
"Law is a rule of civil conduct, prescribed by the _supreme power_ of a
state."
Public-domain text, read in full here on John Shaqi.
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