The State And the Citizen

Cover The State And the Citizen
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Often enough the operation of a law seems harsh, and general opinion must often incline to the view that the arbitrary decision of a wise and well-meaning person might have produced better results. But the utility of laws is not so much in their universal and unvary- ing wisdom, not in any certainty that they will always work well in every case. Their utility is rather in the fact that they do not vary.
Laws of primogeniture do not depend upon a theory that the eldest son is fittest to succeed,
... but upon the utility of one son being marked from the first as destined to succeed if he should live. The tax of seven-and-sixpence on the owner of a dog is not imposed on any principle of calcu- lated justice, but because a certain revenue is wanted and it is best for every man to know the exact sum which will be asked of him under certain circumstances. The law introduces into life a 144 CONSTITUTIONAL SAFEGUARDS 145 regularity and uniformity by which men are enabled to foresee the consequences of their actions and to rely with a measure of certainty on the realisation of their expectations.

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