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At the present time it is widely accepted among lawyers that law is higher than morality — law is something which is shaped and developed, whereas morality is something inchoate and amorphous. This is not the case. The opposite is true: morality is higher than law! Law is our human attempt to embody in rules a part of that moral sphere which is above us. We try to understand this morality, bring it down to earth, and present it in the form of law. Sometimes we are more successful, sometimes less. Sometimes we have a mere caricature of morality, but morality is always higher than law. This view must never be abandoned.

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There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience, and no man who is a man will defile and pollute his conscience at the bidding of any legislature. Above all things, one should maintain his self-respect, and there is but one way to do that, and that is to live in accordance with your highest ideal.

A law to be valid and worthy of obeying must be true to natural law, and of course, Nature's highest law is the preservation of one's own kind. A law should be based on enduring moral codes and societal benefit. And in the interest of freedom, no more laws should be passed or enforced than absolutely and direly needed. That means damn few laws at all, especially on a national level. National governments simply must not be allowed to legislate morality; venue must remain at the local level. Neither must religions be given that power, although a folkish religion subtly influences behavior, which is beneficial. Legislating morality on a national level leads to endless evils and constant changes

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No society can exist unless the laws are respected to a certain degree, but the safest way to make them respected is to make them respectable. When the law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law — two evils of equal magnitude, between which it would be difficult to choose. It is so much in the nature of law to support justice that in the minds of the masses they are one and the same.

There is a law higher than men can make. The facts as they exist in this poor world -- the absolute consequences of certain acts -- they are above all. And this higher law is the breath of progress, the very outstretched wings of civilization, under which we enjoy the freedom we have. Keep that in your minds. There never was a legislature great enough -- there never was a constitution sacred enough, to compel a civilized man to stand between a black man and his liberty. There never was a constitution great enough to make me stand between any human being and his right to express his honest thoughts. Such a constitution is an insult to the human soul, and I would care no more for it than I would for the growl of a wild beast.

To be right is more honorable than to be law abiding.

Manners are of more importance than laws. The law can touch us here and there, now and then. Manners are what vex or soothe, corrupt or purify, exalt or debase, barbarize or refine us, by a constant, steady, uniform, insensible operation like that of the air we breathe in.

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Perhaps now more than at any other moment in the history of the world, society, government and statesmanship need to be based upon the highest code of morality and ethics. And in political terms, what is the highest code of morality? It is the subordination of everything to the well-being of mankind. But today we are faced with a situation where the well-being of mankind is not always the primary consideration. Many who are in places of high power think, rather, of controlling the world.

It comes down to this. There are certain forms of conduct which at any given place and epoch are commonly accepted under the combined influence of reason, practice and tradition, as moral or immoral. … Law accepts as the pattern of its justice the morality of the community whose conduct it assumes to regulate. In saying this, we are not to blind ourselves to the truth that uncertainty is far from banished. Morality is not merely different in different communities. Its level is not the same for all the component groups within the same community. A choice must still be made between one group standard and another. We have still to face the problem, at which one of these levels does the social pressure become strong enough to convert the moral norm into a jural one? All that we can say is that the line will be higher than the lowest level of moral principle and practice, and lower than the highest. The law will not hold the crowd to the morality of saints and seers. It will follow, or strive to follow, the principle and practice of the men and women of the community whom the social mind would rank as intelligent and virtuous.

The highest of human laws is the law that is established by appeal to arms. The sword has decided in favor of the North, and what they claimed as principles cease to be principles, and are become law. The views that we hold cease to be principles because they are opposed to law. It is our duty to abandon ideas that are obsolete and conform to the requirements of law.

No society can exist if respect for the law does not to some extent prevail; but the surest way to have laws respected is to make them respectable. When law and morality are in contradiction, the citizen finds himself in the cruel dilemma of either losing his moral sense or of losing his respect for the law, two evils of which one is as great as the other and between which it is difficult to choose.

In the first place, it would efface from everybody’s
conscience the distinction between justice and injustice.
No society can exist unless the laws are respected to a cer-
tain degree, but the safest way to make them respected is
to make them respectable. When law and morality are in
contradiction to each other, the citizen finds himself in
the cruel alternative of either losing his moral sense, or of
losing his respect for the law — two evils of equal magni-
tude, between which it would be difficult to choose.

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