The perennial challenge in any discussion concerning law comes down to how it is understood and embraced – is it a matter of the literal application of the law or rather the spirit that stands behind it and gives it purpose and life. There is an art in maintaining a healthy balance, keeping the two in dialogue and not creating dividing lines. As in many things, it plays out sometimes better in theory than in actual practice.
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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.
The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
The issue presented by the present challenge to our Constitution and our conscience transcends legalism, although it does not transcend the law itself. We are challenged to demonstrate that there are no sanctuaries within our law for those who flaunt it. We are challenged, also, to demonstrate by our prompt, fitting and adequate response now that the hope of our system is not force, not arms, not the might of militia or marshals-but the law itself.
Another lawful use of the law is, to consult it as a rule and pattern by which to regulate our spirit and conversation. The grace of God, received by faith, will dispose us to obedience in general, but through remaining darkness and ignorance we are much at a loss as to particulars. We are therefore sent to the law, that we may learn how to walk worthy of God, who has called us to his kingdom and glory; and every precept has its proper place and use.
The Law does not invade the privacy of man's inwardness, the relationship of the human soul to God, nor is it concerned with the way in which each individual interprets the basic spiritual teachings of the religion (deepening them in terms of a truth that is both outwardly apparent and inwardly real), provided this does not express itself in behaviour contrary to the interests of the community, but it provides a framework of social and psychological equilibrium within which each individual can follow his particular vocation.
Law is the continuous manifestation of God's presence — not reason for believing him absent. Great confusion arises from our using the same word law in two totally distinct senses … as the cause and the effect. It is said that to "explain away" everything by law is to enable us to do without God. But law is no explanation of anything; law is simply a generalization, a category of facts. Law is neither a cause, nor a reason, nor a power, nor a coercive force. It is nothing but a general formula, a statistical table. Law brings us continually back to God instead of carrying us away from him.
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No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law. These two evils are of equal consequence, and it would be difficult for a person to choose between them. The nature of law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are “just” because law makes them so. Thus, in order to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it. Slavery, restrictions, and monopoly find defenders not only among those who profit from them but also among those who suffer from them.
The law," he said, "is above the criminal and the judge, and rules them both. The law is inescapable, for an action is either lawful or unlawful. The law, indeed, may be said to have a life of its own, an existence quite apart from the finite lives of the beings who administer it. The law governs every aspect of human behavior; therefore, to the same extent that humans are lawful beings, the law is human. And being human, the law has its idiosyncrasies, just as a man has his. For a citizen who abides by the law, the law is distant and difficult to find. For those who reject and violate it, the law emerges from its musty sepulchers and goes in search of the transgressor.
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The law is an accumulation of tireless attempts to block a man's desire to change life into an instant of poetry. Certainly it would not be right to let everybody exchange his life for a line of poetry written with a splash of blood. But the mass of men, lacking valor, pass away their lives without ever feeling the least touch of such a desire.
The Law exists to regulate mankind whilst the Reality makes us aware of the dispositions of God. The Law exists for the service of God, whilst the Reality exists for contemplation of Him. The Law exists for obeying what he had ordained whilst the Reality is concerned with witnessing and understanding the Order he has decreed.
The law conceals many things. The law is the Bill of Rights. In fact, that is what we think of when we develop our reverence for the law. The law is something that protects us; the law is our right — the law is the Constitution. Bill of Rights Day, essay contests sponsored by the American Legion on our Bill of Rights, that is the law. And that is good. But there is another part of the law that doesn’t get ballyhooed — the legislation that has gone through month after month, year after year, from the beginning of the Republic, which allocates the resources of the country in such a way as to leave some people very rich and other people very poor, and still others scrambling like mad for what little is left. That is the law. If you go to law school you will see this. You can quantify it by counting the big, heavy law books that people carry around with them and see how many law books you count that say “Constitutional Rights” on them and how many that say “Property,” “Contracts,” “Torts,” “Corporation Law.” That is what the law is mostly about.
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