If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.
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If you reason instead of repeating what is taught you; if you analyze the law and strip off those cloudy fictions with which it has been draped in order to conceal its real origin, which is the right of the stronger, and its substance, which has ever been the consecration of all the tyrannies handed down to mankind through its long and bloody history; when you have comprehended this, your contempt for the law will be profound indeed. You will understand that to remain the servant of the written law is to place yourself every day in opposition to the law of conscience, and to make a bargain on the wrong side; and, since this struggle cannot go on forever, you will either silence your conscience and become a scoundrel, or you will break with tradition, and you will work with us for the utter destruction of all this injustice, economic, social and political.
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Your thought describes laws, courts, judges, punishments. Mine explains that when man makes a law, he either violates it or obeys it. If there is a basic law, we are all one before it. He who disdains the mean is himself mean. He who vaunts his scorn of the sinful vaunts his disdain of all humanity.
In its wisdom, the law said: No man shall be the judge of his own cause. [...] The law, nothing but reason, took judicial notice of man's nature, of how far his conscience could guide him against his interest. For the slake of others, for his own sake, the law would not let him be led into temptation. In its wisdom, the law aimed only at certainty, could not, did not, really hope to get there. This science, as inexact as medicine, must do its justice with the imprecision of wisdom, the pragmatism of a long, a mighty experience. Those balances were to weigh, not what was just in general, but which might be just between these actual adversaries.
The study of law can be disappointing at times, a matter of applying narrow rules and arcane procedure to an uncooperative reality; a sort of glorified accounting that serves to regulate the affairs of those who have power — and that all too often seeks to explain, to those who do not, the ultimate wisdom and justness of their condition.
But that's not all the law is. The law is also memory; the law also records a long-running conversation, a nation arguing with its conscience.
Thus, if there exists a law which sanctions slavery or monopoly, oppression or robbery, in any form whatever, it must not even be mentioned. For how can it be mentioned without damaging the respect which it inspires? Still further, morality and political economy must be taught from the point of view of this law; from the supposition that it must be a just law merely because it is a law. Another effect of this tragic perversion of the law is that it gives an exaggerated importance to political passions and conflicts, and to politics in general.
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.
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Ere man could know what was right, he had to learn the existence of the law, and this he could only learn by following all that attracted him in the outer world, by grasping every desirable object, and then by learning from experience, sweet or bitter, whether his delight was in harmony or in conflict with the law. Let us take an obvious example, the taking of pleasant food, and see how infant man might learn there from the presence of a natural law. At the first taking, his hunger was appeased, his taste was gratified, and only pleasure resulted from the experience, for his action was in harmony with law. On another occasion, desiring to increase pleasure, he ate overmuch and suffered in consequence, for he transgressed against the law. A confusing experience to the dawning intelligence, how the pleasurable became painful by excess.
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