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Justice and the Laws
Published online by Cambridge University Press: 24 September 2024
Extract
In the famous treatise on The Laws of England by Blackstone, published in four large volumes in 1769, there are but two pages devoted to the natural law and the law of nations. It is interesting in these days, when English judges and professors are apt to deride the whole conception of natural law or any law beyond the customary and the legislative, to see how far already the abandonment of any eternal or moral juridical reference had proceeded even in Blackstone’s day. His acknowledgement, perfunctory and abbreviated as it is, constitutes almost the last reference to any juridical principle (beyond parliamentary democratic desire), to govern the making or interpretation of laws in England: the doctrine of the absolute sovereignty of Parliament has become unchallengeable.
Yet, under the heading ‘Of the nature of Laws in general’ Blackstone still writes:
Man, considered as a creature, must necessarily be subject to the laws of his Creator, for he is entirely a dependent being; and as man depends absolutely upon his Maker for everything, it is necessary that he should, in all points, conform to his Maker’s will, —which will is called the Law of Nature; and there are three great principles of this law, namely,—that we should live reputably, should hurt nobody, and should render to every one his due; and to these three principles Justinian has, in fact, reduced the whole doctrine of law.
The constitution and frame of humanity afford a striking proof of the benevolence of the Creator,—the laws of eternal justice being inseparably interwoven with the happiness of every individual; and the human reason not sufficing, of itself, to teach this law, therefore the beneficence of the Deity has aided the imperfection of human reason by an immediate and direct revelation, this revealed law being declared by the Holy Scriptures; and upon these two foundations, nature and revelation, depend all human laws.
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- Copyright © 1952 Provincial Council of the English Province of the Order of Preachers
Footnotes
This is the second article in the series on ‘Some Contemporary Moral Problems’.
References
2 Summa Theologica Q. XCII, Art. 3 ad. 2
3 P. 303