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13. How is revelation connected with the law of nature ?–42.
Its precepts are a part of the original law of nature, as they tend in all their consequences to man's felicity, and are as to intrinsic obligation of equal strength and perpetuity with that law.
14. Has the moral system denominated the natural law and the revealed law equal authority?–42,
No. The revealed law is of infinitely more authenticity than that system framed by ethical writers and called the natural law. One is the law of nature expressly declared so to be by God himself; the other is only what, by the assistance of human reason, we imagine to be that law. 15. Upon what foundations depend all human laws —42.
The law of nature, and the law of revelation.
16. If man were to live in a state unconnected with other individuals, what laws only would there be occasion for ?–43.
The law of nature, and the law of God. Nor could any other law exist : for a law always supposes some superior who is to make it; and in a state of nature we are all equal, without any other superior but Him who is the author of our being.
17. As mankind form separate states, is there not a third kind of lav?–43.
Yes ; and it is called the law of nations.
18. Upon what does the law of nations depend ?–43
Entirely upon the rules of natural law, and upon mutual compacts, treaties, leagues, and agreements between the several communities.
19. With reference to the law of nations, to what rule, or law, only, can we resort in the construction of compacts 3–43.
In the construction of national compacts we have no other rule to resort to but the law of nature; because it is the only one to which all the communities are equally subject; and therefore the civil law very justly observes, quod naturalis ratio inter omnes homines constituit vocatur jus gentium.
20. What is that laro by which particular nations are governed called 1-44.
Municipal or civil law.
21. How does the commentator define that lau ?–44.
He defines it to be “a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong.” 22. For what reasons is municipal lav called a rule ?–44, 45.
1st. It is not a transient or sudden order from a superior to, or concerning a particular person ; but something permanent, uniform, and universal.
2d. It is called a rule to distinguish it from advice or counsel.
3d. It is called a rule to distinguish it from a compact or agreement ; for a compact is a promise proceeding, from us, law is a command directed to us.
23. Horo does he define the difference between counsel and lar? –44.
Counsel is matter of persuasion only, law is matter of injunction ; counsel acts upon the willing, law upon the unwilling also.
24. What is the language of a compact, what of law ?—45.
The language of a compact is, “I will, or will not do this ;" that of law is, “ thou shalt, or shalt not do it.” 25. Why is municipal laro called “ a rule of civil conduct ?”—45.
To distinguish it from the natural and revealed law.
26. Why is municipal lav said to be a rule prescribed !-45.
Because a bare resolution confined in the breast of the legislator, without manifesting itself by some external sign, can never be properly a law. It is requisite that this resolution be notified to the people who are to obey it.
27. By what means may laro be notified or prescribed ?—45, 46.
It may be notified by universal tradition and long practice, wbich supposes a previous publication, and is the case with the common law of England. It may be notified viva voce, by officers appointed for that purpose, as is done with regard to proclamations and such acts of parliament as are appointed to be publicly read in churches and other assemblies. It may lastly be notified by writing, printing, or the like ; which is the general course taken with acts of parliament. Yet whatever way is made use of, it is incumbent on the promulgators to do it in the most public and conspicuous manner; not like Caligula, who, (according to Dio Cassius,) wrote his laws in a very small character, and hung them upon high pillars, the more effectually to ensnare the people. There is a still more unreasonable method than this, which is making of laws ex post facto; 'when, after an action (indifferent in itself) is committed, the legislator then for the first time declares it to have been a crime and inflicts a punishment upon the person who has committed it. All laws should be made to commence in futuro, and be notified before their commencement, which is implied in the term prescribed.
28. Why is municipal law prescribed by the supreme power in a state?–46.
Because legislation is the greatest act of superiority that can be exercised by one being over another. Therefore it is requisite to the very essence of law that it be prescribed by the supreme power in the state.
29. What are the only true and natural foundations of society .? -47.
The wants and fears of individuals. Not that we can believe, with some theoretical writers, that there ever was a time when there was no such thing as society, either natural or civil ; and that, from the impulse of reason, and through a sense of their wants and weaknesses, individuals met together in a large plain, entered into an original contract, and chose the tallest man present to be their governor.
This notion of an actual existing unconnected state of nature, is too wild to be seriously admitted.
But though society had not its formal beginning from any convention of individuals, actuated by their wants and their fears; yet it is the sense of their wants and weaknesses that keeps mankind together, that demonstrates the necessity of this union ; and that therefore is the solid and natural foundation as well as the cement of civil society. This is what we mean by the original contract of society.
30. When civil society is once formed what, of course, results ? -48.
Government; as necessary to preserve and to keep that society in order.
31. As all the members which compose this society were naturally equal, to whose hands are the reins of government to be entrusted ? .-48.
In general, all mankind will agree that government should be reposed in persons in whom those qualities are most likely to be found, the perfection of which is among the attributes of him who is emphatically styled the Supreme Being ; the three grand requisites of wisdom, of goodness, and of power. These are the natural foundations of sovereignty, and these are the requisites that ought to be found in every well constituted frame of government.
32. What must there be in every form of government ?–49.
A supreme, irresistible, absolute, uncontrollable authority, in which the rights of sovereignty reside. 33. What three forms of government are there ?–49.
The political writers of antiquity do not allow more than three regular forms of government-democracy, aristocracy, and monarchy. All other species of government, they say, are either corruptions of, or reducible to these three.
34. What peculiar quality is each of these forms of government likely to possess ?–49, 50.
In a Democracy, it is probable, more public virtue, or goodness of intention exists, than in either of the other forms of government; but it may be deficient in wisdom to contrive, and strength to execute.
A Monarchy is the most powerful, and the most dangerous, of governments.
In Aristocracies it is supposed there is more wisdom thau in the other forms of government, but less honesty than in a republic, and less strength than in a monarchy. 35. What is the nature of the British form of government ? --50.
It partakes of the advantages of monarchy, aristocracy, and democracy. The legislature of the kingdom is entrusted to three distinct powers, entirely independent of each other - First, the King ; secondly, the Lords spiritual and temporal, who are persons selected for their piety, their birth, their wisdom, their valor, or their property; and thirdly, the House of Commons, freely chosen by the people from among themselves. Here is lodged the sovereignty of the British constitution.
36. With whom lies the right to make lars, in every government : -52.
With the legislature resides the authority to make laws, i.e. to prescribe the rule of civil action.
37. Is it the duty, as well as the right, of the legislature to make laros 2-52, 53.
Since the respective members are bound to conform themselves to the will of the state, it is expedient that they receive directions from the state declaratory of that its will.
38. Of what four parts should every laro consist ?-53, 54.
Every law should be declaratory, directory, remedial, and vindicatory.
39. What part of a laro is said to be declaratory.-53.
That whereby the rights to be observed and the wrongs to be eschewed are clearly defined and laid down.
40. What the directory; what the remedial ; and what the vindica tory 1-54.
The directory is that whereby the subject is instructed and enjoined to observe rights, and to abstain from the cornmission of wrongs. The remedial is that whereby a method is pointed out to recover private rights, or redress private wrongs. The sanction or vindicatory part, is that whereby it is signified what evil