The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
What is "the supreme power," that is here spoken of, as the fountain of
law? Is it the supreme physical power? Or the largest concentration of
physical power, whether it exist in one man, or in a combination of men?
Such is undoubtedly its meaning. And if such be its meaning, then the
law is uncertain; for it is oftentimes uncertain where, or in what man,
or body of men, in a state, the greatest amount of physical power is
concentrated. Whenever a state should be divided into factions, no one
having the supremacy of all the rest, law would not merely be
inefficient, but the very principle of law itself would be actually
extinguished. And men would have no "rule of civil conduct." This result
alone is sufficient to condemn this definition.
Again. If physical power be the fountain of law, then law and force are
synonymous terms. Or, perhaps, rather, law would be the result of a
combination of will and force; of will, united with a physical power
sufficient to compel obedience to it, but not necessarily having any
moral character whatever.
Are we prepared to admit the principle, that there is no real
distinction between law and force? If not, we must reject this
definition.
It is true that law may, in many cases, depend upon force as the means
of its practical efficiency. But are law and force therefore identical
in their essence?
According to this definition, too, a command to do injustice, is as much
law, as a command to do justice. All that is necessary, according to
this definition, to make the command a law, is that it issue from a will
that is supported by physical force sufficient to coerce obedience.
Again. If mere will and power are sufficient, of themselves, to
establish law--legitimate law--such law as judicial tribunals are
morally bound, or even have a moral right to enforce--then it follows
that wherever will and power are united, and continue united until they
are successful in the accomplishment of any particular object, to which
they are directed, they constitute the only legitimate law of that case,
and judicial tribunals can take cognizance of no other.
And it makes no difference, on this principle, whether this combination
of will and power be found in a single individual, or in a community of
an hundred millions of individuals.--The numbers concerned do not alter
the rule--otherwise law would be the result of numbers, instead of
"supreme power." It is therefore sufficient to comply with this
definition, that the power be equal to the accomplishment of the object.
And the will and power of one man are therefore as competent to make the
law relative to any acts which he is able to execute, as the will and
power of millions of men are to make the law relative to any acts which
they are able to accomplish.
Public-domain text, read in full here on John Shaqi.
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