"Opinion makes the law." If human laws are uncertain and contradictory, it
is not the fault of nature, since man has invented or discovered rules in
the science of physics which are constant and invariable, like those of
geometry and chemistry.
Whatever renders the laws of society invariable, inoperative, is due to
the inherent weakness of their basis, and not to the eternal principles of
truth and justice. All human laws must be founded on that fundamental and
immutable law of nature, "Whatsoever ye would that men should do to you,
do ye even so to them." This precept of divine origin is the great balance
of the human mind; and it is the secret spring of the progress of nations,
as well as the social development of individuals: for without this
principle the world would be nothing but a vast arena, in which all
classes of people would be arrayed against each other in deadly conflict;
impelled by the force of passion and appetite, error and prejudice would
soon banish the influence of truth and reason. The weaker families would
soon be consumed by the stronger in the wars of avarice and religion.
"The laws of nature," writes M. Regis, "are the dictates of right reason,
which teach every man how he is to use his natural right; and the laws of
nations are the dictates, in like manner, of right reason, which teach
every state how to act and behave themselves toward others."
"As God," says Blackstone, "when he created matter, and endowed it with a
principle of mobility, established certain rules for the perpetual
direction of that motion, so when he created man, and endued him with free
will to conduct himself in all parts of life, he laid down certain
immutable laws of human nature whereby that free will is in some degree
regulated and restrained, and gave him also the faculty of reason to
discover the purport of those laws."
This law of nature being coeval with mankind, and dictated by God
himself, is of course superior in obligation to any other. It is binding
all over the globe, in all countries and at all times: no human laws are
of any validity if contrary to this; and such of them as are valid, derive
all their force and all their authority, mediately or immediately, from
this original.
Human laws originate in the wisdom of man, and are designed to regulate
their behavior to one another, and are enforced by human authority and
worldly sanctions.
The fear of punishment and revenge are not strong enough to control the
lusts and passions of men.
The true idea and comprehension of the majesty and mercy of the law is
infused by the spirit of philosophy.