FREE BOOKS

Author's List




PREV.   NEXT  
|<   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37  
38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   >>   >|  
ell as to any injunctions whatever laid by the State upon its subjects, is unconditionally suppressed by force. The mark of the State is sovereignty, or the identification of force and right, and the measure of the perfection of the State is furnished by the completeness of this identification. In the present condition of English political thought it may be worth while to dwell for a few moments upon the beneficent nature of this dual action of the State. Within its jurisdiction the State maintains order and law and in this way makes life worth living for its subjects. Order and law are the necessary conditions of men's normal activities, of their industry, of their ownership of whatever the State allows them to possess--for outside of the State there is no ownership--of their leisure and of their freedom to enjoy it. The State is even the basis of men's characters, for it sets up and establishes a minimum standard of conduct. Certain acts are defined as unlawful and punished as crimes. Other acts, though not criminal, are yet so far subject to the disapproval of the courts that the man who does them may have to compensate those who suffer injury or damage in consequence of them. These standards have a dual origin, in legislation and precedent. Legislation is a formal expression of the agreement of the community upon the definition of crimes, and common law has been produced by the decisions of the courts in actions between man and man. Every case tried in a civil court is a conflict between two parties, a struggle for justice, the judgment being justice applied to the particular case. The growth of English law has been through an endless series of conflicts, and the law of to-day may be described as a line passing through a series of points representing an infinite number of judgments, each the decision of a conflict in court. For seven hundred years, with hardly an interruption, every judgment of a court has been sustained by the force of the State. The law thus produced, expressed in legislation and interpreted by the courts, is the foundation of all English conduct and character. Upon the basis thus laid there takes place a perpetual evolution of higher standards. In the intercourse of a settled and undisturbed community and of the many societies which it contains, arise a number of standards of behaviour which each man catches as it were by infection from the persons with whom he habitually associates and to which
PREV.   NEXT  
|<   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37  
38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   >>   >|  



Top keywords:
English
 
courts
 
standards
 

series

 

conduct

 
justice
 
judgment
 

community

 

ownership

 

crimes


produced

 
identification
 

number

 

subjects

 
conflict
 

legislation

 

conflicts

 

definition

 

endless

 

passing


actions

 

parties

 

growth

 

applied

 

decisions

 
struggle
 
common
 

societies

 
undisturbed
 

settled


evolution

 

higher

 

intercourse

 

behaviour

 

catches

 
habitually
 

associates

 

persons

 

infection

 

perpetual


hundred

 

decision

 
representing
 

infinite

 

judgments

 
interruption
 
character
 

foundation

 

sustained

 
expressed