Principles of Freedom by Terence J. (Terence Joseph) MacSwiney
page 140 of 156 (89%)
page 140 of 156 (89%)
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us be clear then as to the meaning of the word law. It may be defined;
an ordinance of reason, the aim of which is the public good and promulgated by the ruling power. Let us cite a few authorities. "A human law bears the character of law so far as it is in conformity with right reason; and in that point of view it is manifestly derived from the Eternal Law." (_Aquinas Ethicus,_ Vol. 1, p. 276.) Writing of laws that are unjust either in respect to end, author or form, St. Thomas says: "Such proceedings are rather acts of violence than laws; because St. Augustine says: 'A law that is not just goes for no law at all.'" (_Aquinas Ethicus_, Vol. 1, p. 292.) "The fundamental idea of all law," writes Balmez, "is that it be in accordance with reason, that it be an emanation from reason, an application of reason to society" (_European Civilisation_, Chap. 53). In the same chapter Balmez quotes St. Thomas with approval: "The kingdom is not made for the king, but the king for the kingdom"; and he goes on to the natural inference: "That all governments have been established for the good of society, and that this alone should be the compass to guide those who are in command, whatever be the form of government." It is likewise the view of Mill, in _Representative Government_, that the well-being of the governed is the sole object of government. It was the view of Plato before the Christian era: his ideal city should be established, "that the whole City might be in the happiest condition." (_The Republic_, Book 4.) Calderwood writes: "Political Government can be legitimately constructed only on condition of the acknowledgment of natural obligations and rights as inviolable." (_Handbook of Modern Philosophy, Applied Ethics_, Sec. 4.) Here all schools and all times are in agreement. Till these conditions are fulfilled for us we are at war. When an independent and genuine Irish Government is established we shall yield it a full and hearty allegiance: the law shall then be in repute. We do not stand now to deny the idea of authority, but to say that the wrong people are in |
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