Philosophy of Law. the individuals in a nation. The one char acteristic common to all good law, of what ever kind, must be that it tends to benefit and advance the iftterests of all upon whom the law or restriction is imposed, for no class of men would agree to a restriction detri mental to their interests. So good law is a restriction for mutual benefit. This is the test of a law: Does it in its effects tend to benefit the society or nation as a whole? Laws or restrictions may be thus benefi cial in two ways. i si, Directly. 2nd, Indirectly. A restriction directly beneficial to all the citizens of a nation is illustrated by the law that says, " No man shall fail to pay his just debts." Which in other words is, Thou shall not sell or give away your property until you have paid your fair debts." It is a restriction upon the natural liberty of all men to sell or give away their property. It is necessary in order to pro tect men who trust and give credit to other men. It is also expedient, for it facilitates commerce by increasing buying and selling, thus promoting prosperity. This restriction ¡s directly beneficial to all men, for it gives them an immediate opportunity to secure their debts and prevents debtors from de frauding The law creditors. of taxation is an indirect benefit to the citizens of a nation. The direct effort is to take a portion of a citizen's property, but this property is used to sus tain the government of the nation and thus makes it possible for men to live together and enjoy the benefits of society. Taxation is the basis of the state, without it the nation could not exist. It is, therefore, necessary, expedient and just, if properly and equally distributed upon all citizens. Taxation is indirectly beneficial to the citizens of a nation, in the same way that the foundation of a building is necessary lor the superstructure. People use the building but not the foundation, but the
foundation sustains and makes possible the superstructure. 'Hence taxation laws must be just restrictions upon the right of men to dispose of their property as they desire. Taxation, then, is the fundamental and hence greatest benefit to citizens of a nation if properly applied, but if improperly dis tributed it becomes injustice and thus a good law may lead to injustice by abuse. The only question in determining good law, then, is not, Is it good law in theory? but also Is it good law in fact? Is it a good restriction justly applied? Is it in its na ture necessary, and is it, in its working, beneficial alike to all citizens and not merely to a few or a class. Thus, then, a restriction or law may be good in theory but poor in practice. To be good law it must be good both in theory and application, by which is meant it must be applied according to its prin ciple, and not be perverted. So, then, if any statute, equity or common law, is not in its effects when properly applied, beneficial to the society or nation as a whole, it is bad law. Bad law is any restriction imposed, but unnecessary to preserve harmony, or tending to create discord, or not expedient to promote prosperity. The law that allowed England before 17/6 to tax the colonies without their consent was bad law. 1st, Because it was a restriction upon man's natural right to sell ort give away his property, and was imposed without the man's consent. Good law is an agreement for mutual good. This law was no agree ment, but rather an imposition by force. Dictation of the stronger upon the weaker. It would be bad law because it lacked the essential consent or mutual agreement in the first instance; and second, it was unjust because more tax-money was collected than was necessary to create h'armony, and such tax-money was not applied for the benefit of all citizens both in England and the colonies. It was of greatest benefit to a
