The principles and regulations established in a neighborhood by some authority and applicable to its individuals, whether in the type of legislation or of custom and policies recognized and enforced by judicial selection. This is greatly due to a fatal want — discovered from the teachings of antiquity — that our writers on public affairs have in typical: They desire to set themselves above mankind in order to arrange, organize, and regulate it according to their fancy.
Max Weber in 1917, Weber began his career as a lawyer, and is regarded as one of the founders of sociology and sociology of law. Mr. Considerant would sponsor the cause of the labor groups he would use the law to safe for them a guaranteed minimum of clothing, housing, food, and all other necessities of life. I am a novelist (living in Brooklyn, of course, which is the law), and am working on a very Shakespeare-oriented project. Not until he, Robespierre, shall have achieved these miracles, as he so rightly calls them, will he permit the law to reign once again.
Below the influence of teaching like this — which stems from classical education — there came a time when everybody wished to place himself above mankind in order to arrange, organize, and regulate it in his own way. Immigration law and nationality law concern the rights of foreigners to reside and function in a nation-state that is not their own and to obtain or drop citizenship Both also involve the correct of asylum and the issue of stateless people. To extend indefinitely the domain of the law that is, the duty of government.
Sometimes the law defends plunder and participates in it. Thus the beneficiaries are spared the shame, danger, and scruple which their acts would otherwise involve. Nor is it sufficient that the law ought to guarantee to every citizen the free of charge and inoffensive use of his faculties for physical, intellectual, and moral self-improvement. This is so a lot the case that, in the minds of the individuals, law and justice are a single and the identical point. We give students the practitioner’s point of view of practising law when we teach, preparing them to a point of knowing what to anticipate at entry level positions.
It is simple to realize why the law is employed by the legislator to destroy in varying degrees among the rest of the individuals, their individual independence by slavery, their liberty by oppression, and their home by plunder. And if government were limited to its proper functions, everybody would quickly discover that these matters are not inside the jurisdiction of the law itself. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.… Read More