By: Two Steps to Anarchy | People v. State

Two Steps to Anarchy | People v. State — Sun, 26 Dec 2010 11:32:49 +0000

[…] Tolstoy said it better: All men are brought up to the habit of obeying the laws of the state before everything. The whole existence of modern times is defined by laws. A man marries and is divorced, educates his children, and even (in many countries) professes his religious faith in accordance with the law. What about the law then which defines our whose existence? Do men believe in it? Do they regard it as good? Not at all. In the majority of cases people of the present time do not believe in the justice of the law, they despise it, but still they obey it. It was very well for the men of the ancient world to observe their laws. They firmly believed that their law (it was generally of a religious character) was the only just law, which everyone ought to obey. But is it so with us? we know and cannot help knowing that the law of our country is not the one eternal law; that it is only one of the many laws of different countries, which are equally imperfect, often obviously wrong and unjust, and are criticised from every point of view in the newspapers. The Jew might well obey his laws, since he had not the slightest doubt that God had written them with his finger; the Roman too might well obey the laws which he thought had been dictated by the nymph Egeria. Men might well observe the laws if they believed the Tzars who made them were God’s anointed, or even if they thought they were the work of assemblies of lawgivers who had the power and the desire to make them as good as possible. But we all know how our laws are made. We have all been behind the scenes, we know that they are the product of covetousness, trickery, and party struggles; that there is not and cannot be any real justice in them. And so modern men cannot believe that obedience to civic or political laws can satisfy the demands of the reason or of human nature. Men have long ago recognized that it is irrational to obey a law the justice of which is very doubtful, and so they cannot but suffer in obeying a law which they do not accept as judicious and binding. (Scalia has said as much too, taking it to an absurd and self-contradictory conclusion.) […]

Comments on: “The death penalty is undoubtedly wrong unless one accords to the state a scope of moral action that goes beyond what is permitted to the individual.”

By: Two Steps to Anarchy | People v. State

By: Dudley Sharp