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.
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.
Zeroth law: You must play the game
First law: You can't win
Second law: You can't break even
Third law: You can't quit the game.
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.
What I desire to point out is that I wish the law was not so, but that being the law, I must follow it.
As long as we have to administer the law we must do so according to the law as it is. We are not here to make the law.
There is but one law for all, namely that law which governs all law, the law of our Creator, the law of humanity, justice, equity - the law of nature and of nations.
A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.
The law is equal before all of us; but we are not all equal before the law. Virtually there is one law for the rich and another for the poor, one law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid, and within family limits one law for the parent and no law at all for the child.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
First, there is the law. It must be obeyed. But the law is the minimum. You must act ethically.
Jesus was not denying the legitimacy of biblical law. On the contrary, He was affirming biblical law. We love God first; God commands us to keep His word; therefore, we must enforce the law on ourselves.
Only man has law. Law must be built, do you understand me? You must build the law.
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.
All this we see, and, therefore, instead of inanely repeating the old formula, "Respect the law," we say, "Despise law and all its Attributes!" In place of the cowardly phrase, "Obey the law," our cry, is "Revolt against all laws!"
We must never lose sight of the fact that the law has a moral foundation, and we must never fail to ask ourselves not only what the law is, but what the law should be.