The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

Chapter III.

Laws, defined.

§1. Law has been briefly defined. (Chap. 1. §6.) As in the case of rights and liberty, laws are distinguished by different names; as, the law of nature, or natural law; the moral law; the law of revelation, or revealed law; the political law; the civil or municipal law.

§2. The law of nature, is of the highest possible authority, being established by the supreme Lawgiver himself. It is called the law of nature, because it is right in itself--right in the nature of things, and ought to be obeyed, though no positive command had ever been given to men. It is a perfect rule of right for all moral and social beings. It is that eternal rule of right to which God himself conforms.

§3. The law of nature, as a rule of human action, arises out of man's relation to his Maker and to his fellow men. As a creature, he must be subject to the laws of his Creator, on whom he is dependent. He is also in a measure dependent upon his fellow beings. All being created equal, each is bound by the principles of natural justice to render to others that assistance which is necessary to make them as happy as himself, or which they justly owe to him in return.

§4. The moral law is that which prescribes to men their duties to God and to each other. As a rule of human conduct therefore, it corresponds exactly to the law of nature. The moral law is briefly expressed in the decalogue or ten commandments, and is still more briefly summed up in the two great commandments, to love God with all our heart and to love our neighbor as ourselves. God being its author, it is called the divine law; and, being found in the Holy Scriptures, in which his will is revealed to mankind, it is called the revealed law, or law of revelation.

§5. Political law, as has been observed, is that system or form of fundamental rules, called the constitution, by which the people in their political capacity, or as a body politic, agree to be governed. The nature of this law will more clearly appear from a more particular definition of constitution, and from a description of the manner in which a constitution is made. (Chap. V.)

§6. The word municipal was used by the Romans to designate that which related to a municipium, which was a free town, or city. The rights of a citizen of such free city or town were called municipal rights, and its officers were called municipal officers. In this country, the word is not only used in this limited sense, but is extended to what pertains to a state. Hence the body of laws which prescribe the duties of the citizens of a state, are called the municipal or civil law. And the term is used to distinguish the laws made by the legislature, or law-making power of the state, from the constitution, or political law, adopted by the people in their political capacity.

§7. If, as has been said, the laws of the Creator form a perfect rule of conduct for all mankind, and ought in all cases to be obeyed, then all human law ought to agree with the divine law. If a human law is contrary to the divine law, or if it requires us to disobey the commands of God, it is not binding, and should not be obeyed. So the Scriptures teach. They speak approvingly of men who disobeyed human authority, and who gave as the reason, that it was their duty to obey God rather than men; and they furnish many examples of good men who submitted to severe punishment, even to death, rather than do what they knew to be contrary to the divine will.

§8. But although the divine will as revealed in the Scriptures, is a perfect rule or law for all mankind, and although human laws ought to conform to the divine law, yet it would be impossible to govern the people of a state by that law alone. The divine law is broad, and comprehends rules to teach men their whole duty; but it does not specify every particular act of duty. Much of it consists of general principles to which particular acts must be made to conform. It requires men to deal justly with each other; but men do not always agree as to what is right. Human laws, therefore, become necessary to declare what shall be considered just and right between man and man.

§9. It may be observed, further, that all the divine precepts could not be carried into effect in civil government. They are spiritual, and reach to the thoughts and intents of the heart. They require us to love our Creator supremely, and our neighbor as ourselves; in other words, to do to others as we would that they should do to us. But as the omniscient God only knows when men fail in these duties, no human authority could enforce such a law. Human laws, therefore, have respect chiefly to the outward acts of men, and are designed to regulate their intercourse with each other.

§10. Although the laws of the state can not compel men to fulfill the great law of love, it is nevertheless morally binding upon all. A perfectly holy Creator could consistently require of his moral and accountable creatures nothing less than supreme love to himself, and equal love to one another. This, as has been remarked, is in accordance with the law of nature, which is right in the nature of things. (Chap. III. §2, 3.)

§11. While the divine law accords perfectly with the principles of natural justice, the giving of it to mankind manifests the wisdom and benevolence of the supreme Lawgiver. Man is so formed, that it is for his highest happiness strictly to obey this law. The generous man, in relieving the wants of others, contributes to his own happiness. The boy who divides an apple with his fellow, is more happy than he would be if he retained the whole to himself. It is generally true, that, in performing acts of kindness and charity to others, we most effectually promote our own happiness, and feel the saying to be true, "It is more blessed to give than to receive."