Law is a method of guidelines that are enforced by means of social institutions to govern behavior two Laws can be created by a collective legislature or by a single legislator, resulting in statutes , by the executive via decrees and regulations , or by judges via binding precedent , usually in typical law jurisdictions. This is greatly due to a fatal want — learned from the teachings of antiquity — that our writers on public affairs have in frequent: They want to set themselves above mankind in order to arrange, organize, and regulate it according to their fancy.
See if the law rewards one citizen at the expense of an additional by performing what the citizen himself cannot do without committing a crime. The individual who earnings from this law will complain bitterly, defending his acquired rights. If a nation were founded on this basis, it appears to me that order would prevail among the folks, in believed as effectively as in deed. Yet another effect of this tragic perversion of the law is that it gives an exaggerated value to political passions and conflicts, and to politics in general.
No other state has ever had laws more in accord with the order of nature of equality. Organization law sprang from the law of trusts, on the principle of separating ownership of home and manage. The Law is here presented again because the identical situation exists in America right now as in the France of 1848. The Faculty of Law’s longest serving female academic—and a single of the leading feminist scholars inside the discipline of law in New Zealand—Associate Professor Elisabeth McDonald is heading south right after 27 years at Victoria. The law has gone further than this it has acted in direct opposition to its personal purpose.
These are the only two problems where, contrary to the common spirit of the republic of the United States, law has assumed the character of a plunderer. Consumer law could include anything from regulations on unfair contractual terms and clauses to directives on airline baggage insurance. Furthermore, it should not be stated that the law may be philanthropic if, in the process, it refrains from oppressing persons and plundering them of their house this would be a contradiction. And let it not be stated — as it continually is stated — that below this notion, the law would be atheistic, individualistic, and heartless that it would make mankind in its own image.
But make the laws upon the principle of fraternity — proclaim that all great, and all bad, stem from the law that the law is accountable for all person misfortunes and all social inequalities — then the door is open to an endless succession of complaints, irritations, troubles, and revolutions.