Comparative Legal Philosophy Applied to Legal Institutions

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The first is : Whoever wishes law to consist in the possibility of the coexistence of persons does not make enough of the element of the rectitude of action. There could be an action wrong under the laws of nature pro- motive of coexistence, to which no one would have a right since there is no faculty for doing evil. The second can be formulated as follows: Even when all the sum of the illicit actions would effectively destroy coexist- ence they would not be illicit only on that account.
The fa
...ilure to detract from coexistence is not the con- stitutive part of the rectitude of actions and law but is the sign of it, the very mark of universality. It is the "principium cognoscendi,"notthe "principium essendi." The third is: Universality is equivocal and needs interpre- tation, because it is either absolute universality, in which case, however licit the act, if done by all men, it would destroy coexistence; for example, if every- body undertook to make shoes, who would remain to cultivate the earth?

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