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Moral Principles and Medical Practice - The Basis of Medical Jurisprudence by Charles Coppens
page 17 of 155 (10%)
very important fact that behind it there is another and higher law,
whose imperative, to every one with a conscience, is ultimate. It
evidently never occurs to him that some time could be profitably spent
in research, with the view to discovering how often common-law maxims,
seen to be at variance with the principles of morality, have been
abrogated by statutory enactments. Now the maxims of common law
relating to craniotomy, the statutes in conformity therewith, as well as
Dr. G.'s arguments (some of them at least), rest on a basis of pure
unmitigated expediency; and this is certainly in direct contravention of
the teachings of all schools of moral science, even the utilitarian."

Dr. Kearney's doctrine of the existence of a higher law, superior to all
human law, is the doctrine that has been universally accepted, in all
Christian lands at least, and is so to the present day. Froude explains
it correctly when he writes: "Our human laws are but the copies, more or
less imperfect, of the eternal laws so far as we can read them, and
either succeed and promote our welfare or fail and bring confusion and
disaster, according as the legislator's insight has detected the true
principle, or has been distorted by ignorance or selfishness" (Century
Dict., "Law").

Whoever calmly reflects on the manner in which laws are enacted by
legislative bodies, under the influence of human passions and
prejudices, often at the dictation of party leaders or of popular
sentiment, of office-seekers or wealthy corporations, etc., will not
maintain for a moment that human laws and human tribunals are to be
accepted as the supreme measure or _norma_ of right and wrong. The
common law of England, which lies at the basis of our American
legislation, and is an integral portion of our civil government, is less
fluctuating than our statutory law, and is in the main sound and in
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