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SECTION IV.

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LAW.

LAW is a rule of action. The term is applied generally to all kinds of action, whether animate or inanimate, rational or irrational. Thus it is said, there are laws of motion, of gravitation, of attraction, of electricity, of mechanics, of optics. But when the word is used in relation to moral subjects and referred to the intellectual system, it denotes a standard of human actions, and comprises the precepts by which men are obligated to regulate their behaviour. In this sense, Law is "a rule of action, prescribed by a superior, invested with just authority, to determine the conduct of moral agents."*

* Derivant nomen hoc Lex, multi a ligando, quia Lex homines obligat; alii a legendo, tum quod scripta lex promiscue legi potuerit, tum maxime quod lata graelegeretur palam. Hebreis dicitur TORAH, quod a Iarah derivatum, doctrinam, vel viae monstrationem notat. Graecis NOMOs apo tou nemein quod regat ipsa, regiminis sit norma, atque distribuat unicuique suum. Prof. Markius.

The Printers have no Hebrew nor Greek types.
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Law is correctly called a rule, to distinguish it from advice or counsel. The latter we are at liberty to follow or not, as we may judge proper. But the former depends not upon our consent or approbation; but upon the will of the law-giver. Counsel is simply a matter of persuasion, law is decidedly a matter of injunction. Counsel acts upon the willing, law upon the unwilling as well as the willing.

As a rule, law is also distinguished from a compact or agreement. A compact is a promise proceeding from us. Law is a command directed to us. The language of a compact is, "I will, or I will not do this." The language of a law is, "thou shalt, or thou shalt not do it." In compacts we ourselves determine and promise what shall be done, before we are obliged to do it. In laws we are obliged to act, whether we determine and promise or not.*-Consilium dare dicitur, qui significat, quid sibi videatur, ut fiat. Suadere dicitur, qui significat,

* See Blackstone's Com. Introd. 2.

quid fieri velit in alterius tamen arbitrio relinquens, quid facere velit. Jubere dicitur, qui significat, quid fieri velit, in alterius arbitrio non relinquens, quid facere velit.*

Laws are of different kinds. The highest and most authoritative is the LAW OF GOD. Possessed of infinite wisdom, goodness and power, he can enact and enforce the best laws; and as he is the great source of all existences, and all things depend upon him for their being and support, he has a right to fix the standard of conduct for intelligent creatures, and to command what they shall and what they shall not do. This he has done; and all his laws are holy, just and good; all are sanctioned with the highest possible authority; and none may be controverted or disobeyed with impunity,

The Law of God is an authoritative rule of conduct and regulates the manners of men. Every divine precept may therefore be said to be a moral law, agreeably to the etymology of the term, which is derived from mores or moralis.-But a distinction

Philosophicae WOLFIANAE Theol. naturalis pars. 1. cap. 6. 983.

is adopted, which distributes the laws of God into two classes. One comprises what is denominated MORAL, the other PECULIAR.-The MORAL LAWS are those which proceed essentially from the perfections of God, and which are universally binding. The PECULIAR laws are such as arise from peculiar circumstances, which bind a particular people only, and are limited in their duration of the moral laws there are two arrangements.-Some moral laws are so evidently founded in the nature of man, so easily investigated, so firm in their binding power upon every conscience, that they have, in the aggregate, obtained the name of the LAW OF NATURE. tinian defines it, "Jus naturale est quod omnia animalia docuit," Inst. Lib. 1. Tit. 2. The law of nature is that which teaches all animals, a definition exhibiting the law of nature in the most extensive sense of the term. But the law of nature which belongs to man, must be restricted to the obligations, which are exclusively founded upon his rational as well as his animal nature. The law of nature is the law of God, and eminently belongs to the moral class. Other moral laws, which are distinct from

Jus

See VATTEL. Law of nations--preface.

the law of nature, are comprehended in what are called POSITIVE LAWS.-Positive laws are those which are ascribed to the sovereignty of God: because, however essential they may be to his perfections, or accommodated to the nature and situation of man, they cannot be investigated by the light of reason; nor can they have any binding power, except by the express revelation of God. Positive laws are also of two kinds, they are either positive moral laws, or positive peculiar laws-the former are those which are universally promulgated and universally binding-the latter such as are restricted in their objects and period.-But this analysis of the divine laws requires explanation. The distinctions must be more minutely defined and illustrated.

"As every thing actually existing and all that can possibly exist, with all their relations and properties, depend upon God; so all the consequences and duties arising from such possible or actual existences must also be dependent upon him. There is a fitness or propriety of obligations, resulting from relations, which, considered as existing in the nature of things, antecedent to any positive precept, may be said to constitute the eternal and immutable basis of

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