When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.
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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.
Law is common force organized to prevent injustice — in short, Law is Justice. It is not true that the legislator has absolute power over our persons and property, since they pre-exist, and his work is only to secure them from injury. It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our works, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things.
Praise be to God with all due praise, and a prayer for Muhammad His chosen servant and apostle. The purpose of this treatise is to examine, from the standpoint of the study of the Law, whether the study of philosophy and logic is allowed by the Law, or prohibited, or commanded either by way of recommendation or as obligatory.
The law is the organization of the natural right of lawful defense; it is the substitution of collective for individual forces, for the purpose of acting in the sphere in which they have a right to act, of doing what they have a right to do, to secure persons, liberties, and properties, and to maintain each in its right, so as to cause justice to reign over all.
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.
The ultimate goal of laws is to educate the society to abide by the law and law by itself can only address the symptoms, but education can reach deep into our heart, which is far more effective to set the society on the right course. So, education is the fundamental solution. Although I am an educator, I am marching toward the same goal as a lawyer and there is no need to feel disappointed.
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