Moral Philosophy by S. J. Joseph Rickaby
page 124 of 356 (34%)
page 124 of 356 (34%)
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infringed, to submit to such an imposition, not as a law, for it is
none, but on the score of prudence, to escape direr evils. A law is no fleeting, occasional rule of conduct, suited to meet some passing emergency or superficial disturbance. The reason of a law lies deep down, lasting and widespread in the nature of the governed. A law, then, has these two further attributes of permanence in duration and amplitude in area. Every law is made for all time, and lives on with the life of the community for whom it is enacted, for ever, unless it be either expressly or implicitly repealed. A law in a community is like a habit in an individual, an accretion to nature, which abides as part of the natural being, and guides henceforth the course of natural action. This analogy holds especially of those laws, which are not enacted all of a sudden--and such are rarely the best laws--but grow upon the people with gradual growth unmarked, like a habit by the repetition of acts, in the way of immemorial custom. I have said that a law is for a community, that it requires amplitude and large area. A law is not laid down for an individual, except so far as his action is of importance to the community. The private concerns of one man do not afford scope and room enough for a law. Neither do the domestic affairs of one family. A father is not a legislator. A law aims at a deep, far-reaching, primary good. But the private good of an individual, and the domestic good of a family, are not primary goods, inasmuch as the individual and the family are not primary but subordinate beings: not complete and independent, but dependent and partial; not wholes but parts. The individual is part of the family, and the family is part of a higher community. It is only when we are come to some community which is not part of any higher, that we have found the being, the good of which is primary good, the aim of law. Such a community, not being part of any higher community in the same order, is in its own order a perfect community. Thus, in the temporal |
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