A Quote by Frederic Bastiat
No society can exist if respect for the law does not to some extent prevail; but the surest way to have the laws respected is to make them respectable. When law and morality are in contradiction, the citizen finds himself in the cruel dilemma of either losing his moral sense or of losing respect for the law, two evils of which one is as great as the other, and between which it is difficult to choose.
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When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.
In war, in some sense, lies the very genius of law. It is law creative and active; it is the first principle of the law. What is human warfare but just this, - an effort to make the laws of God and nature take sides with one party. Men make an arbitrary code, and, because it is not right, they try to make it prevail by might. The moral law does not want any champion. Its asserters do not go to war. It was never infringed with impunity. It is inconsistent to decry war and maintain law, for if there were no need of war there would be no need of law.
Here I encounter the most popular fallacy of our times. It is not considered sufficient that the law should guarantee to every citizen the free and inoffensive use of his faculties for physical, intellectual and moral self-improvement. Instead, it is demanded that the law should directly extend welfare, education, and morality throughout the nation. This is the seductive lure of socialism. And I repeat: these two uses of the law are in direct contradiction to each other.
The rule of law does not guarantee freedom, since general law as well as personal edicts can be tyrannical. But increasing reliance on the rule of law clearly played a major role in transforming Western society from a world in which the ordinary citizen was literally subject to the arbitrary will of his master to a world in which the ordinary citizen could regard himself as his own master
MORAL LAW, Evidence of.- Man has been subjected by his Creator to the moral law, of which his feelings, or conscience as it is sometimes called, are the evidence with which his Creator has furnished him. ... The moral duties which exist between individual and individual in a state of nature, accompany them into a state of society ... their Maker not having released them from those duties on their forming themselves into a nation.
And finally remember that nothing harms him who is really a citizen, which does not harm the state; nor yet does anything harm the state which does not harm law [order]; and of these things which are called misfortunes not one harms law. What then does not harm law does not harm either state or citizen.
That is a Medieval way of drawing history, in which they do not respect the law and want the rest of the world to respect the law. That's not possible.
Thus, if there exists a law which sanctions slavery or monopoly, oppression or robbery, in any form whatever, it must not even be mentioned. For how can it be mentioned without damaging the respect which it inspires? Still further, morality and political economy must be taught from the point of view of this law; from the supposition that it must be a just law merely because it is a law. Another effect of this tragic perversion of the law is that it gives an exaggerated importance to political passions and conflicts, and to politics in general.
The Law was given by Moses; the moral law, to discover the extent and abounding sin; the ceremonial law, to point out, by typical sacrifices and ablutions, the way in which forgiveness was to be sought and obtained. But grace, to relieve us from the condemnation of the one, and truth answerable to the types and shadows of the other, came by Jesus Christ.
If we desire respect for the law, we must first make the law respectable.
When each citizen submits himself to the authority of law he does not thereby decrease his independence or freedom, but rather increases it. By recognizing that he is a part of a larger body which is banded together for a common purpose, he becomes more than an individual, he rises to a new dignity of citizenship. Instead of finding himself restricted and confined by rendering obedience to public law, he finds himself protected and defended and in the exercise of increased and increasing rights.
When you say there's too much evil in this world you assume there's good. When you assume there's good, you assume there's such a thing as a moral law on the basis of which to differentiate between good and evil. But if you assume a moral law, you must posit a moral Law Giver, but that's Who you're trying to disprove and not prove. Because if there's no moral Law Giver, there's no moral law. If there's no moral law, there's no good. If there's no good, there's no evil. What is your question?
Society today is no longer in revolt against particular laws which it finds alien, unjust, and imposed, but against law as such, against the principle of law. And yet we must not regard this revolt as entirely negative. The energy that rejects many obsolete laws is an entirely positive impulse for renewal of life and law.
The allegiance of the citizen, in the only sense in which the word can be tolerated in a republic, is due to the law. What idea other men may have of a law higher than the supreme law, I know not. Like the notion of the Stoics concerning Fate, it is perfectly incomprehensible.
All you have to do, is to see whether the law takes from some what belongs to them in order to give it to others to whom it does not belong. We must see whether the law performs, for the profit of one citizen and to the detriment of others, an act which that citizen could not perform himself without being guilty of a crime. Repeal such a law without delay. ... [I]f you don't take care, what begins by being an exception tends to become general, to multiply itself, and to develop into a veritable system.
Here is a law which is above the King and which even he must not break. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it
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