Nature And Man: Essays Scientific And Philosophical
Nature And Man: Essays Scientific And Philosophical
William Benjamin Carpenter, (
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When we speak of the " laws " of a State, we mean the rules laid down by the Governing Power of that State for the conduct of its members; which rules, its Executive is charged with enforcing by the power it wields. But there may be laws which a Government regards as obsolete, and thinks it inexpedient to enforce (as is the case with many of those still inscribed on our Statute-book) ; or others of recent enactment, which a Govern- ment may be deterred from carrying into execution by the antago...- nistic force of public opinion (as happened many times in regard to the " fugitive slave law " of the United States). Or, again, the Executive may itself be paralyzed by a panic, which allows mob- force for the time to reign supreme (as in the riots of London in 1780, and the riots of Bristol in 1831); or may be overthrown by a Revolution which subverts its authority, leaving anarchy to prevail until a new Government shall have been constituted. Thus it is clear that state-made laws have no coercive action in themselves ; that action being entirely dependent upon the enforce- ment of them by the governing power, of whose will they are to be regarded as the expressions.
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