Theological Essays and Other Papers — Volume 1De Quincey, Thomas
Religion
Theological Essays and Other Papers — Volume 1
De Quincey, Thomas
English essays -- 19th century
After morality has done its very utmost in clearing up the grounds
upon which it rests its decisions--after it has multiplied its
rules to any possible point of circumstantiality--there will always
continue to arise cases without end, in the shifting combinations
of human action, about which a question will remain whether they
do or do not fall under any of these rules. And the best way for
seeing this truth illustrated on a broad scale, the shortest way
and the most decisive is--to point our attention to one striking
fact, viz. that all law, as it exists in every civilized land, is
nothing but casuistry. Simply because new cases are for ever arising
to raise new doubts whether they do or do not fall under the rule
of law, therefore it is that law is so inexhaustible. The law
terminates a dispute for the present by a decision of a court,
(which constitutes our '_common law_,') or by an express act
of the legislature, (which constitutes our '_statute law_.')
For a month or two matters flow on smoothly. But then comes a new
case, not contemplated or not verbally provided for in the previous
rule. It is varied by some feature of difference. The feature, it
is suspected, makes no _essential_ difference: substantially
it may be the old case. Ay--but that is the very point to be
decided. And so arises a fresh suit at law, and a fresh decision.
For example, after many a decision and many a statute, (all arising
out of cases supervening upon cases,) suppose that great subdivision
of jurisprudence called the Bankrupt Laws to have been gradually
matured. It has been settled, suppose, that he who exercises a
trade, and no other whatsoever, shall be entitled to the benefit
of the bankrupt laws. So far is fixed: and people vainly imagine
that at length a station of rest is reached, and that in this
direction at least, the onward march of law is barred. Not at all.
Suddenly a schoolmaster becomes insolvent, and attempts to avail
himself of privileges as a technical bankrupt. But then arises a
resistance on the part of those who are interested in resisting:
and the question is raised--Whether the calling of a schoolmaster
can be legally considered a trade? This also is settled: it is
solemnly determined that a schoolmaster is a tradesman. But next
arises a case, in which, from peculiar variation of the circumstances,
it is doubtful whether the teacher can technically be considered
a schoolmaster. Suppose that case settled: a schoolmaster,
sub-distinguished as an X Y schoolmaster, is adjudged to come within
the meaning of the law. But scarcely is this sub-variety disposed
of, than up rises some decomplex case, which is a sub-variety of
this sub-variety: and so on for ever.
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