A blupete Essay

Man and The Law, Part 9 to blupete's Essay
"On The Nature Of Man"

There are two basic kinds of law: one is scientific, or natural law; the other is a rule (or a set of rules) -- apart from a natural law -- which society prescribes for itself. The former is descriptive and cannot be broken; the latter is prescriptive and, by definition, can be broken.

In Canada, as in most all the western countries which can trace their founding roots to England, the people work and live under laws know as the common law, it is "unwritten," it is not set down in any one place. Common law has evolved and, in a most powerful way, it encourages "spontaneous adjustment" by its tradition, tacit rules and private arbitration. Unfortunately it is being replaced with written, or legislative law, a type of law which, because it takes matters out the hands of individuals, is leading to the destruction of individual freedom.

The role of law, in a Free Society, is to limit freedom only to the extent that it, freedom, might be preserved. Absolute freedom cannot exist, but, for a productive and happy population the greatest possible amount of liberty must be allowed. "Liberty of each, limited by the like liberties of all, is the rule in conformity with which society must be organized. ... Each man should be allowed to pursue the objects of life, restrained only by the limits which the similar pursuits of their objects by other men impose."13 Thus, restrictive law, mostly of a criminal nature, is necessary if men are to live together in a community, but it must be very carefully circumscribed.


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Peter Landry

2011 (2020)