table, reject the laws I
propose. But do not generally object to the principle of law.
_O._--Yes; I generally object to the principle of law as applied to
minor things; because, if you could succeed (which you cannot) in
regulating the entire conduct of men by law in little things as well as
great, you would take away from human life all its probationary
character, and render many virtues and pleasures impossible. You would
reduce virtue to the movement of a machine, instead of the act of a
spirit.
124. _R._--You have just said, parenthetically, and I fully and
willingly admit it, that it is impossible to regulate all minor matters
by law. Is it not probable, therefore, that the degree in which it is
_possible_ to regulate them by it, is also the degree in which it is
_right_ to regulate them by it? Or what other means of judgment will you
employ, to separate the things which ought to be formally regulated from
the things which ought not? You admit that great sins should be legally
repressed; but you say that small sins should not be legally repressed.
How do you distinguish between great and small sins? and how do you
intend to determine, or do you in practice of daily life determine, on
what occasions you should compel people to do right, and on what
occasions you should leave them the option of doing wrong?
_O._--I think you cannot make any accurate or logical distinction in
such matters; but that common sense and instinct have, in all civilised
nations, indicated certain crimes of great social harmfulness, such as
murder, theft, adultery, slander, and such like, which it is proper to
repress legally; and that common sense and instinct indicate also the
kind of crimes which it is proper for laws to let alone, such as
miserliness, ill-natured speaking, and many of those commercial
dishonesties which I have a notion you want your paternal government to
interfere with.
_R._--Pray do not alarm yourself about what my paternal government is
likely to interfere with, but keep to the matter in hand. You say that
"common sense and instinct" have, in all civilised nations,
distinguished between the sins that ought to be legally dealt with and
that ought not. Do you mean that the laws of all civilised nations are
perfect?
_O._--No; certainly not.
_R._--Or that they are perfect at least in their discrimination of what
crimes they should deal with, and what crimes they should let alone?
_O._--No; not exactly.
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