“Whoso keepeth the law is a wise son.”
Law, in its general sense, is defined to be “a rule of action prescribed by a superior power, which the inferior is bound to obey, or suffer the penalties of disobedience.” A careful examination of the terms of this definition will assist us in understanding it.
A Rule of Action
A rule of action is an order commanding a course of conduct, or a principle of living or acting which is uniform and regular in its operations. A rule is some definite, fixed, and certain process. It is not a permission or an agreement to do or not to do a certain thing, but it expresses an obligation to be enforced when not obeyed. The language of a law is not “you may,” or “you can,” or “you ought,” but “you must and you shall.”
Prescribed
The term prescribed is derived from two Latin words: pre, which means before, and scribere, to write. Taken literally, it means written beforehand. Justice requires that those who are the subjects of a law shall have an opportunity to know what is required of them, and also what penalties are attached to the neglect of their duty. It would not be right to enforce the penalties of a violated law which the offender did not know, because it had never been published.
Prescribed, then, means advertised or published, and it is plain that a just and humane law should be so publicly announced that those who are expected to obey it may have no excuse for their neglect, nor cause of complaint resulting from ignorance.
Superior Power
The next important idea contained in this definition of law is that the rule of action must be prescribed by a superior power. Nations may make agreements or treaties, which they are in honor and duty bound to perform, but they cannot make laws binding each other, for neither party can enforce a lawful obedience. Compliance can only be claimed by a person or a power that has the right to rule, and also the ability to enforce certain penalties for neglect.
The subjects of a law-maker are in duty bound to obey the commands of their superior, or suffer the consequences of their refusal or neglect.
Penalty of Disobedience
The last idea embraced in the definition of law refers to the penalty of disobedience. It would be folly for the superior power to prescribe a rule of action which the inferior could neglect with impunity. It is evident that it must not be left to the free choice of the subject to refuse the prescribed rule of action; for, if obedience is not freely and promptly rendered, there must be a penalty attached to enforce it.
The superior power proclaims in every law: obey the rule or suffer the penalty. In short, a law is a rule prescribed by the superior, to which the inferior must yield submission, or suffer for disobedience.
The Object of Law
The object of law should be to promote the welfare of the subject, whose happiness is secured in proportion as he observes its requirements. Laws are made for protection and not for punishment. If the subject disregards his highest good by violating the law, the object of the punishment is to remind him of his duty in such a manner as will prevent the repetition of the offense, and thus secure him, or the community of which he is a member, from future injury.
Our highest happiness is found in obedience to all the laws of our nature, and if we fail to secure that highest happiness, it is because we do not fulfill our obligations. We have no right to complain of the penalties we suffer when we neglect the performance of our duty.
So, also, if a person prefers to violate the law, our sympathies should rather be for the injured law than for him, since the law is right and he is wrong. We should always be on the side of truth, justice, and right.
Codes of Law
When a number of laws relating to any given subject are classified and arranged in an orderly manner, the collection is called a code. There are many codes, and they are known and defined by the subjects to which they relate.
Thus, the code of laws which God has prescribed for the moral government of man is called the Moral Law; that for the government of a country is called Municipal Law; while that which refers to the several grades of society and their intercourse with each other is known as Social Law.
These three systems of laws will occupy our attention in the following chapters, and if thoroughly studied, will assist in preparing the student for an honorable entrance into the best society—the society of the good.
CHAPTER QUESTIONS
- What is the subject of this chapter?
- Paraphrase the lesson.
- Define law in its general sense.
- What is necessary that we may fully understand the definition?
- What is meant by a rule of action?
- What is it not?
- What is the language of a law—“you may,” or “you must”? Why?
- What does prescribed mean?
- Why is it right to prescribe a law?
- What is meant by a superior power?
- Why cannot nations justly prescribe laws to each other?
- Who only can command obedience?
- May a child prescribe rules to its parent, or a pupil to the teacher? Why?
- If the superior has a right to prescribe law, what is the duty of the inferior?
- What is the last idea in the definition of law?
- Why is a penalty understood as a part of every law?
- Suppose the inferior rebels against the law—what must the superior do?
- State the essential parts of the definition.
- What should be the object of every law?
- Has anyone the right to violate the law?
- If the law is violated, who is to blame if punishment follows?
- Should our sympathies be given to the law-maker or the law-breaker? Why?
- On which side should the good be?
- Is this so in school?
- What is a code?
- What are the codes of law to be considered in this book?
- What is the object of the moral law?
- Of the municipal law?
- Of social law?
- Why should we study all these codes?
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