Moral Philosophy by S. J. Joseph Rickaby
page 125 of 356 (35%)
page 125 of 356 (35%)
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order, the individual is part of the State. The State is a perfect
community; and the good of the State is of more consequence than the temporal well-being of any individual citizen. The temporal good of the individual, then, is matter of law, in so far as it is subservient to the good of the State. We have, then, to hold that a law is given to the members of a perfect community for the good of the whole. Not every precept, therefore, is a law: nor every superior a lawgiver: for it is not every superior that has charge of the good of a perfect community. Many a precept is given to an individual, either for his private good, as when a father commands his child, or for the private good of him that issues the precept, as when a master commands a servant. But every law is a precept: for a law is an imperative rule of action, in view of a good that is necessary, at least with the necessity of convenience. To every law there are counsels attached. A law may be said to be a _nucleus_ of precept, having an _envelope_ of counsel. Every law has also a pendent called punishment for those who break it: this is called the _sanction_ of the law. A law is also for _promulgation_, as a birch rod for _application_. The promulgation, or application, brings the law home to the subject, but is not part of the law itself. So much for the definition of Law. 2. We have to learn to look upon the whole created universe, and the fulness thereof, angels, men, earth, sun, planets, fixed stars, all things visible and invisible, as one great and perfect community, whose King and Lawgiver is God. He is King, because He is Creator and Lord. But lordship and kingship are different things, even in God. It is one thing to be lord and master, owner and proprietor of a chattel, property and domain: it is another thing to be king and governor, lawgiver and judge of political subjects. The former is called _power of dominion_, or right of ownership, the latter is _power of |
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