The Unconstitutionality of Slavery
The Unconstitutionality of Slavery
Book Excerpt
apable of being standards, by a reference to which the question of law, or no law, can be determined. Law, as defined by them, is capricious, arbitrary, unstable; is based upon no fixed principle; results from no established fact; is susceptible of only a limited, partial and arbitrary application; possesses no intrinsic authority; does not, in itself, recognize any moral principle; does not necessarily confer upon, or even acknowledge in individuals, any moral or civil rights; or impose upon them any moral obligation.
For example. One of these definitions--one that probably embraces the essence of all the rest--is this:
That "law is a rule of civil conduct, prescribed by the supreme power of a state, commanding what its subjects are to do, and prohibiting what they are to forbear." Noah Webster.
In this definition, hardly any thing, that is essential to the idea of law, is made certain. Let us see. It says that,
"Law is a rule of civil conduct, prescribed by the
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