y moral or civil
rights; or impose upon them any moral obligation.

For example. One of these definitions--one that probably embraces the
essence of all the rest--is this:

That "law is a rule of civil conduct, prescribed by the supreme power of
a state, commanding what its subjects are to do, and prohibiting what
they are to forbear." _Noah Webster._

In this definition, hardly any thing, that is essential to the idea of
law, is made certain. Let us see. It says that,

"Law is a rule of civil conduct, prescribed by the _supreme power_ of a
state."

What is "the supreme power," that is here spoken of, as the fountain of
law? Is it the supreme physical power? Or the largest concentration of
physical power, whether it exist in one man, or in a combination of men?
Such is undoubtedly its meaning. And if such be its meaning, then the
law is uncertain; for it is oftentimes uncertain where, or in what man,
or body of men, in a state, the greatest amount of physical power is
concentrated. Whenever a state should be divided into factions, no one
having the supremacy of all the rest, law would not merely be
inefficient, but the very principle of law itself would be actually
extinguished. And men would have no "rule of civil conduct." This result
alone is sufficient to condemn this definition.

Again. If physical power be the fountain of law, then law and force are
synonymous terms. Or, perhaps, rather, law would be the result of a
combination of will and force; of will, united with a physical power
sufficient to compel obedience to it, but not necessarily having any
moral character whatever.

Are we prepared to admit the principle, that there is no real
distinction between law and force? If not, we must reject this
definition.

It is true that law may, in many cases, depend upon force as the means
of its practical efficiency. But are law and force therefore identical
in their essence?

According to this definition, too, a command to do injustice, is as much
law, as a command to do justice. All that is necessary, according to
this definition, to make the command a law, is that it issue from a will
that is supported by physical force sufficient to coerce obedience.

Again. If mere will and power are sufficient, of themselves, to
establish law--legitimate law--such law as judicial tribunals are
morally bound, or even have a moral right to enforce--then it follows
that wherever will and power are united, and continue un