Moral Law And Civil Law, Parts of the Same Thing

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Moral Law And Civil Law, Parts of the Same Thing
Eli F Ritter
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It is applicable to the spirit as well as to the letter. Whatever tends to injustice or oppression, restraint of liberty, commerce, and natural or legal rights, whatever tends to the obstruction of justice or to the violation of the statute, and whatever is against good mor- als when made the object of a contract, is against public policy, and therefore void, and not capable of enforcement. A form of con- tract may be legal on its face. There may be parties, competent, willing, and agreed upon ...the subject-matter, who enter into an agree- ment to do or not to do, with an apparently fair consideration stipulated, but their agree- ment is null and futile if its object is judicially immoral or against the policy of law In construing contracts, courts hold entirely void those that are partly illegal in their ob- ject. Legal stipulations are treated as unwrit- 154 MORAL LAW AND CIVIL LAW ten when interwoven with others designed to controvene the law, or tending to that end. An illegal consideration will not be analyzed or dissected so as to separate good simples from bad, when the compound is noxious, ren- dering the object of the contract unlawful.

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