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{
"title": "The Unconstitutionality of Slavery",
"authors": ["Lysander Spooner"],
"publishdate": "1845-04-04",
"tags": ["Law"]
}
*WHAT IS LAW?*
Before examining the language of the Constitution, in regard to
Slavery, let us obtain a view of the principles, by virtue of which
law arises out of those constitutions and compacts, by which people
agree to establish government.
To do this it is necessary to define the term law. Popular opinions
are very loose and indefinite, both as to the true definition of law,
and also as to the principle, by virtue of which law results from the
compacts or contracts of mankind with each other.
What then is Law ? That law, I mean, which, and which only, judicial
tribunals are morally bound, under all circum- stances, to declare and
sustain ?
In answering this question, I shall attempt to show that law is an
intelligible principle of right., necessarily resulting from the
nature of man ; and not an arbitrary rule, that can be established by
mere will, numbers or power.
To determine whether this proposition be correct, we must look at the
general signification of the term law.
The true and general meaning of it, is that natural, per- manent,
unalterable principle, which governs any particular thing or class of
things. The principle is strictly a natural one; and the term applies
to every natural principle, whether mental, moral or physical. Thus we
speak of the laws of mind ; meaning thereby those natural, universal
and neces- sary principles, according to which mind acts, or by which
it is governed. We speak too of the moral law ; which is merely an
universal principle of moral obligation, that arises out of the nature
of men, and their relations to each other, and to other things — and
is consequently as unalterable as the nature of men. And it is solely
because it is unalterable in its nature, and universal in its
application, that it is denom- inated law. If it were changeable,
partial or arbitrary, it would be no law. Thus we speak of physical
laws ; of the laws, for instance, that govern the solar system ; of
the laws of mo- tion, the laws of gravitation, the laws of light, &c.,
(fee. — Also the laws that govern the vegetable and animal kingdoms,
in all their various departments : among which laws may be named, for
example, the one that like produces like. Un- less the operation of
this principle were uniform, universal and necessary, it would be no
law.
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