The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
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The life of the law has not been logic; it has been experience.
The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men.
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View PlansThe study of law can be disappointing at times, a matter of applying narrow rules and arcane procedure to an uncooperative reality; a sort of glorified accounting that serves to regulate the affairs of those who have power — and that all too often seeks to explain, to those who do not, the ultimate wisdom and justness of their condition.
But that's not all the law is. The law is also memory; the law also records a long-running conversation, a nation arguing with its conscience.
It must have been law that developed in man the sense of just and unjust, right and wrong. Our readers may judge of this explanation for themselves. They know that law has merely utilized the social feelings of man, to slip in, among the moral precepts he accepts, various mandates useful to an exploiting minority, to which his nature refuses obedience. Law has perverted the feeling of justice instead of developing it.
No, the Boss corrected, I'm not a lawyer. I know some law. ... but I'm not a lawyer. That's why I can see what the law is like. It's like a single-bed blanket on a double bed and three folks in the bed and a cold night. There ain't ever enough blanket to cover the case, no matter how much pulling and hauling, and somebody is always going to nigh catch pneumonia. Hell, the law is like the pants you bought last year for a growing boy, but it is always this year and the seams are popped and the shankbone's to the breeze. The law is always too short and too tight for growing humankind. The best you can do is do something and then make up some law to fit and by the time that law gets on the books you would have done something different.
The law embodies the story of a nation’s development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.
<i>En un mot, pour tirer la loi de l'expérience, if faut généraliser; c'est une nécessité qui s'impose à l'observateur le plus circonspect.</i>
In one word, to draw the rule from experience, one must generalize; this is a necessity that imposes itself on the most circumspect observer.
For with regard to nature, it is indeed experience which supplies us with the rule and is the source of truth; with regard to moral laws, however, experience is, alas!, but the mother of illusion; and it is altogether reprehensible either to derive or to try to limit the laws of what we ought to do from what is done.
The law is an accumulation of tireless attempts to block a man's desire to change life into an instant of poetry. Certainly it would not be right to let everybody exchange his life for a line of poetry written with a splash of blood. But the mass of men, lacking valor, pass away their lives without ever feeling the least touch of such a desire.
(The law) is like a single-bed blanket on a double bed and three folks in the bed and a cold night. There ain’t ever enough blanket to cover the case, no matter how much pulling and hauling, and somebody is always going to nigh catch pneumonia. Hell, the law is like the pants you bought last year for a growing boy, but it is always this year and the seams are popped and the shankbone’s to the breeze. The law is always too short and too tight for growing humankind.
Laws are partly formed for the sake of good men, in order to instruct them how they may live on friendly terms with one another, and partly for the sake of those who refuse to be instructed, whose spirit cannot be subdued, or softened, or hindered from plunging into evil.
No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable. 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. These two evils are of equal consequence, and it would be difficult for a person to choose between them. The nature of law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are “just” because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it. Slavery, restrictions, and monopoly find defenders not only among those who profit from them but also among those who suffer from them.
It is not because men have made laws, that personality, liberty, and property exist. On the contrary, it is because personality, liberty, and property exist beforehand, that men make laws. What, then, is law? As I have said elsewhere, it is the collective organization of the individual right to lawful defense.
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View PlansThe nature of law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are 'just' because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it. Slavery, restrictions, and monopoly find defenders not only among those who profit from them but also among those who suffer from them.
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