FREE BOOKS

Author's List




PREV.   NEXT  
|<   137   138   139   140   141   142   143   144   145   146   147   148   149   >>  
the people,"--if it fails in this, is it not evident that after every disappointment, which, alas! is more than probable, there will be a no less inevitable revolution? I shall now resume the subject by remarking, that immediately after the economical part[10] of the question, and at the entrance of the political part, a leading question presents itself? It is the following:-- What is law? What ought it to be? What is its domain? What are its limits? Where, in fact, does the prerogative of the legislator stop? I have no hesitation in answering, _Law is common force organised to prevent injustice_;--in short, Law is Justice. It is not true that the legislator has absolute power over our persons and property, since they pre-exist, and his work is only to secure them from injury. It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our works, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have as its lawful domain the domain of force, which is justice. And as every individual has a right to have recourse to force only in cases of lawful defence, so collective force, which is only the union of individual forces, cannot be rationally used for any other end. The law, then, is solely the organisation of individual rights, which existed before legitimate defence. Law is justice. So far from being able to oppress the persons of the people, or to plunder their property, even for a philanthropic end, its mission is to protect the former, and to secure to them the possession of the latter. It must not be said, either, that it may be philanthropic, so long as it abstains from all oppression; for this is a contradiction. The law cannot avoid acting upon our persons and property; if it does not secure them, it violates them if it touches them. The law is justice. Nothing can be more clear and simple, more perfectly defined and bounded, or more visible to every eye; for justice is a given quantity, immutable and unchangeable, and which admits of neither _increase_ or _diminution_. Depart from this point, make the law religious, fraternal, equalising, industrial, literary, or artistic, and you will be lost in vagueness and uncertainty; you will be upon unknown gro
PREV.   NEXT  
|<   137   138   139   140   141   142   143   144   145   146   147   148   149   >>  



Top keywords:
justice
 
mission
 
domain
 

secure

 
persons
 

property

 
individual
 
philanthropic
 

prevent

 

defence


legislator

 
question
 

people

 

rights

 

lawful

 
protect
 

possession

 

solely

 

forces

 

rationally


organisation

 

existed

 

oppress

 

plunder

 

legitimate

 

violates

 

diminution

 

Depart

 
increase
 
immutable

unchangeable

 
admits
 

religious

 

fraternal

 

vagueness

 

uncertainty

 

unknown

 

artistic

 

equalising

 

industrial


literary

 
quantity
 

oppression

 

contradiction

 

abstains

 
acting
 
collective
 

defined

 

bounded

 
visible