The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
But if we could suppose that such a ratification was made, not
virtually, but actually, by the people, not representatively, but even
collectively, still it would be null and void. They have no right to
make a law prejudicial to the whole community, even though the
delinquents in making such an act should be themselves the chief
sufferers by it; because it would be-made against the principle of a
superior law, which it is not in the power of any community, or of the
whole race of man, to alter,--I mean the will of Him who gave us our
nature, and in giving impressed an invariable law upon it. It would be
hard to point out any error more truly subversive of all the order and
beauty, of all the peace and happiness of human society, than the
position, that any body of men have a right to make what laws they
please,--or that laws can derive any authority from their institution
merely, and independent of the quality of the subject-matter. No
arguments of policy, reason of state, or preservation of the
constitution can be pleaded in favor of such a practice. They may,
indeed, impeach the frame of that constitution, but can never touch this
immovable principle. This seems to be, indeed, the doctrine which Hobbes
broached in the last century, and which was then so frequently and so
ably refuted. Cicero exclaims with the utmost indignation and contempt
against such a notion:[22] he considers it not only as unworthy of a
philosopher, but of an illiterate peasant; that of all things this was
the most truly absurd, to fancy that the rule of justice was to be taken
from the constitutions of commonwealths, or that laws derived their
authority from the statutes of the people, the edicts of princes, or
the decrees of judges. If it be admitted that it is not the black-letter
and the king's arms that makes the law, we are to look for it elsewhere.
Public-domain text, read in full here on John Shaqi.
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