Philosophy of Law. For instance, lav declares that every citizen shall pay his just taxes, by which is meant that he shall not fail to pay his taxes. It is a restriction upon his right to dispose of his property. It states, "This amount of thy property thou shalt not dispose of, it be longs to the state." So every law is restric tive or directive, which are at basis the same thing, namely, — a restriction upon natural liberty, since they both, in fact, indicate what shall not be done. Meaning by " respect the private property of others," do not dis respect such property. Every law is a re striction upon natural individual action. Take the law which commands that no man shall commit murder. Wherein is this a restriction upon natural liberty? In prime val times every man could kill any other man if he was the stronger, and no questions were asked, but, as society progressed, it was found this incessant warfare and bloodshed endangered society and was against the harmonious conduct of a state, so that re striction was made that no man should kill any other man. It was a restriction upon the liberty men have when not gathered together in a nation. Take the law which declares that no man shall imprison another man without due process of law. This is a restriction upon the natural right of the strong to enslave and overcome the weak. Society restricts this natural right of strength in order that every man may feel secure in his person. Take the law that says " Thou shalt not steal." Before men gathered together in nations any man could take and keep any property he could accumulate by force. He could take any man's property if he was the stronger. This sort of thing was justi fied on the ground that might was right/ But nations desiring peace made this re striction — that no man should take property from any other man without his consent. Thus the laws of robbery, burglary, larceny, etc., are restrictions upon the natural liberty of every man to take and keep whatever he
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can get by force. All these restrictions are made for the good of all the people in a nation. The law of marriage is a similar restric tion upon the natural liberty of men and women to live together. Law put a restric tion upon this liberty by declaring under what conditions marriage shall be entered into. It is a restriction agreed to by nil citizens for the good of the nation. There is in every State a law prohibiting assault and battery. In a state of natural liberty men could assault one another when ever they met, and as a consequence perpet ual warfare existed, so nations declared against this natural liberty to engage in combat and restricted this natural right by declaring that it should not be clone because it disturbed the peace of the nation, or some part of it. It did not tend to create har mony, hence it was restricted, for harmony is the end sought by nations. The peace of all was superior to the natural liberty of each. It was a condition of the original agreement between the members of a nation that, in order to realize the benefit of society they would agree to forego such of their natural liberties as were found detrimental to the peace of the nation. Thus these laws are nothing more than restrictions upon man's natural liberty, such restriction being made by mutual consent, in order that a large number of people may live together har moniously. Knactments arc made indicating what natural liberties are not restricted, but these are laws only as far as they inferentially de clare that these natural rights shall not be interfered with. They are indirectly restric tions. So all true law is restrictive of the natural rights of individuals. These laws or restrictions in every nation are numbered by thousands and they relate to every branch of life. Wherever men come together, some law, statutory or customary, indicates what each should not do. If the law does not prohibit a given act, directly or by inference,
